Explanation._ A Judge or Magistrate shall not be deemed a party, or personally interested,
within the meaning of this section, to or in any case by reason only that he is a Municipal
Commissioner or otherwise concerned therein in a public capacity, or by reason only that he has
viewed the place in which an offence is alleged to have been committed, or any other place in
which any other transaction material to the case is alleged to have occurred, and made an inquiry in
connection with the case.
Illustration
A, as Collector, upon consideration of information furnished to him, directs the prosecution of
B for a breach of the Excise Laws. A is disqualified from trying this case as a Magistrate.
557. Practising pleader not to sit as Magistrate in certain Courts. No pleader who
practises in the Court of any Magistrate in 1* * * district, shall sit as a Magistrate in such Court or
in any Court within the jurisdiction of such Court.
558. Powers to decide language of Courts. The 2[Provincial Government] may determine
what, for the purposes of this Code, shall be deemed to be the language of each Court within the
territories administered by such Government, other than 3[the High Courts].
4[559. Provision for powers of Judges and Magistrates being exercised by their successors
in office.(1) Subject to the other provisions of the Code, the powers and duties of a Judge or
Magistrate may be exercised or performed by his successor in office.
(2) When there is any doubt as to who is the successor in office of any Magistrate, 5* * * 6[the
Session Judge] 7* * * shall determine by order in writing the Magistrate who shall, for the purposes
of this Code or of any proceedings or order thereunder, be deemed to be the successor in office of
such Magistrate.
(3) When there is any doubt as to who is the successor in office of any Additional or Assistant
Sessions Judge, the Sessions Judge shall determine by order in writing the Judge who shall, for the
purposes of this Code or of any proceedings or order thereunder, be deemed to be the
successor in office of such Additional or Assistant Sessions Judge.]
1 The words “Presidencytown or” rep. by the Federal Laws (Revision and Declaration) Act, 1951 (26 of 1951), s.3 and Sch.II.
2 Subs. by A.O., 1937, for “L.G.”
3 Subs. by A.O., 1961, Art. 2 and Sch. (with effect from the 23rdMarch , 1956) for “the Courts which are High Courts for the Purposes of the Governemnt of India Act, 1935” , which had been subs.
by A.O., 1937, for “the High courts establishes by Royal Charer”.
4 Subs. by the Code of Criminal Procedure (Amdt.) Act, 1923 (18 of 1923), s. 155, for the Original s. 559.
5 The words “the Chief Presidency Magistate in a Presidencytown, and” omitted by A.O., 1949, Sch.
6Subs. by ord. 12 of 1972, s.2.sch.
7 Omitted. by ord 37 of 2001, s.77 (w.e.f. 14082001).
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