(1) Unless the context otherwise requires, any reference in any law, to a Magistrate without any qualifying words, Magistrate of the first class or a Magistrate of the second class shall, in relation to any area, be construed as a reference to a Judicial Magistrate of the first class or Judicial Magistrate of the second class, as the case may be, exercising jurisdiction in such area. (2) Where, under any law, other than this Sanhita, the functions exercisable by a Magistrate relate to matters,— (a) which involve the appreciation or shifting of evidence or the formulation of any decision which exposes any person to any punishment or penalty or detention in custody pending investigation, inquiry or trial or would have the effect of sending him for trial before any Court, they shall, subject to the provisions of this Sanhita, be exercisable by a Judicial Magistrate; or (b) which are administrative or executive in nature, such as, the granting of a licence, the suspension or cancellation of a licence, sanctioning a prosecution or withdrawing from a prosecution, they shall, subject to the provisions of clause (a) be exercisable by an Executive Magistrate.
Bharatiya Nagarik Suraksha Sanhita
Section 3
Construction of references
⚡ Quick Answer Reference: Section 3 BNSS
- Provision: Section 3 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: PRELIMINARY
- Jurisdiction: India
- Summary: This section explains how to understand references to Magistrates in laws. It says that if a law doesn't specify the type of Magistrate, it means a Judicial Magistrate. It also explains when a Judicial Magistrate or Executive Magistrate should handle certain tasks.
What does Section 3 of BNSS say?
Embed this Section Card
Want to display this Section explanation card on your website? Copy and paste the HTML code below:
What does Section 3 of BNSS mean?
Plain English Explanation
This section explains how to understand references to Magistrates in laws. It says that if a law doesn't specify the type of Magistrate, it means a Judicial Magistrate. It also explains when a Judicial Magistrate or Executive Magistrate should handle certain tasks.
Practical Interpretation
In real practice, this section helps to clarify which type of Magistrate is responsible for specific tasks. For example, if a law requires a Magistrate to decide on a punishment, it would be handled by a Judicial Magistrate.
Core Legal Purpose
The core purpose of this section is to provide clarity on the roles and responsibilities of different types of Magistrates in the administration of justice.
- •The context of the law requires a specific type of Magistrate.
- •The task or function to be performed by the Magistrate involves appreciating or shifting evidence or formulating a decision that exposes a person to punishment or penalty.
- •The task or function to be performed by the Magistrate is administrative or executive in nature.
- •The provisions of this Sanhita apply to the exercise of functions by Magistrates.
Practical Example of Section 3 BNSS
Rajesh, a resident of Mumbai, is accused of violating traffic rules. The police file a case against him and require a Magistrate to decide on the punishment. According to Section 3 of BNSS, since the task involves appreciating evidence and formulating a decision that exposes Rajesh to punishment, it would be handled by a Judicial Magistrate. The Judicial Magistrate would then exercise jurisdiction in Mumbai to decide on the punishment.
Frequently Asked Questions about Section 3 BNSS
Q: What is the punishment or consequence under Section 3 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment. It only clarifies the roles and responsibilities of different types of Magistrates.
Q: Does this section apply to private individuals or public entities?
This section applies to both private individuals and public entities, as it deals with the roles and responsibilities of Magistrates in the administration of justice.
Q: Is an offence under this section bailable or cognizable?
This section is a procedural provision and does not deal with criminal classification. It only clarifies the roles and responsibilities of different types of Magistrates.
Common Questions about Section 3 BNSS
What is Section 3 of BNSS?
Section 3 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Construction of references". In plain terms: This section explains how to understand references to Magistrates in laws. It says that if a law doesn't specify the type of Magistrate, it means a Judicial Magistrate. It also explains when a Judicial Magistrate or Executive Magistrate should handle certain tasks.
What is the punishment under Section 3 of BNSS?
Section 3 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 3 of BNSS bailable or non-bailable?
Whether Section 3 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 3 of BNSS?
The essential elements of Section 3 of BNSS are: The context of the law requires a specific type of Magistrate.; The task or function to be performed by the Magistrate involves appreciating or shifting evidence or formulating a decision that exposes a person to punishment or penalty.; The task or function to be performed by the Magistrate is administrative or executive in nature..
Landmark Judgments under Section 3 BNSS
Patnahcucisdb94 High Court (10 8)
Sections commonly cited alongside Section 3
Ask Nyaya AI About Section 3
Select a pre-configured prompt to run this section through the grounded research engine.