Section 526 of BNSS : Section 526: Practising advocate not to sit as Magistrate in certain Courts.
BNSS
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Explanation using Example
Example 1:
Rajesh is a practicing advocate in the District Court of Mumbai. He regularly represents clients in front of Magistrate Sharma in this court. One day, Rajesh is appointed as an honorary Magistrate for a special session in the same District Court. According to Section 526 of The Bharatiya Nagarik Suraksha Sanhita 2023, Rajesh cannot sit as a Magistrate in the District Court of Mumbai or any other court within its local jurisdiction because he practices as an advocate there. This ensures there is no conflict of interest or bias in judicial proceedings.
Example 2:
Priya is an advocate who practices in the Magistrate Court of Bangalore. She is well-known for her legal acumen and is often seen arguing cases in front of Magistrate Rao. Due to her expertise, she is offered a temporary position to serve as a Magistrate in the same court. However, under Section 526 of The Bharatiya Nagarik Suraksha Sanhita 2023, Priya must decline this offer because she cannot serve as a Magistrate in the same court where she practices as an advocate. This rule is in place to maintain the integrity and impartiality of the judicial system.