Section 352 of CrPC : Section 352: Certain Judges and Magistrates not to try certain offences when committed before themselves.

Explanation using Example

Example 1:

Scenario: A Magistrate is presiding over a case where a witness is giving testimony. During the testimony, the witness makes a false statement under oath, which is an offence under Section 195 of the Indian Penal Code (IPC).

Application of Section 352: The Magistrate cannot try the witness for perjury (lying under oath) because the offence was committed in front of the Magistrate during the judicial proceeding. Instead, the Magistrate must refer the matter to a different court or judge to ensure impartiality and avoid any conflict of interest.

Example 2:

Scenario: During a court hearing, an individual in the courtroom starts shouting and disrupting the proceedings, showing contempt for the Magistrate's authority.

Application of Section 352: The Magistrate cannot try the individual for contempt of court because the offence was committed in the Magistrate's presence. The case must be referred to another judge or court to handle the contempt charges, ensuring that the trial is fair and unbiased.

Example 3:

Scenario: A person submits a forged document as evidence in a case being heard by a Magistrate. The Magistrate discovers the forgery during the proceedings.

Application of Section 352: The Magistrate cannot try the person for the offence of forgery (an offence under Section 195 IPC) because the offence was discovered during the judicial proceeding before the Magistrate. The case must be referred to another judge or court for trial.

Example 4:

Scenario: During a trial, a party to the case threatens the Magistrate, attempting to intimidate them into giving a favorable judgment.

Application of Section 352: The Magistrate cannot try the person for the offence of intimidation or contempt of court because the offence was committed in the Magistrate's presence. The matter must be referred to another judge or court to ensure a fair trial.