Section 526 of The Bharatiya Nagarik Suraksha Sanhita, 2023
Practising advocate not to sit as Magistrate in certain Courts.
No advocate who practices in the Court of any Magistrate shall sit as a Magistrate in that Court or in any Court within the local jurisdiction of that Court.
Summary
- Lawyers who actively practice in a particular Magistrate's court are not allowed to serve as a Magistrate in that same court.
- This restriction also applies to any other court located within that same local area or jurisdiction.
- The rule prevents people from switching between being a lawyer and a judge in the same local system.
- This provision ensures that judges remain impartial and independent from their private law practices.
Practical examples
FAQ
1. Can a practicing lawyer become a Magistrate in the same court under BNSS Section 526?
No, Section 526 of The Bharatiya Nagarik Suraksha Sanhita, 2023 prohibits a practicing advocate from sitting as a Magistrate in the court where they practice.
2. Does Section 526 of the Criminal Code apply to courts near where a lawyer practices?
Yes, Section 526 of The Bharatiya Nagarik Suraksha Sanhita, 2023 extends the ban to any court within the local jurisdiction of the court where the advocate practices.
3. What is the main purpose of Section 526 of the Sanhita?
The goal of Section 526 of The Bharatiya Nagarik Suraksha Sanhita, 2023 is to ensure judicial independence by separating legal practice from judicial duties.
Test yourself
1.Under Section 526 of The Bharatiya Nagarik Suraksha Sanhita, 2023, what role is a practicing advocate forbidden from taking?
2.Where else is an advocate banned from being a Magistrate under BNSS Section 526?
3.Does Section 526 of BNSS apply if the advocate stops practicing before becoming a Magistrate?
4.Who does the restriction in Section 526 of The Bharatiya Nagarik Suraksha Sanhita, 2023 target?