PRELIMINARYCentral

Section 3 of The Bharatiya Nagarik Suraksha Sanhita, 2023 in hindi

(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,—
1. (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
2. (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.

Summary

This section explains how to interpret references to different types of Magistrates found in other laws.
Any general reference to a Magistrate is usually interpreted as a Judicial Magistrate of the first or second class.
It draws a clear line between judicial work (handling evidence and punishment) and administrative work.
Tasks involving the weighing of evidence or deciding on a person's detention or punishment must be handled by a Judicial Magistrate.
Administrative or executive tasks, like granting or cancelling licenses, are handled by an Executive Magistrate.
The provision ensures that legal decisions affecting liberty are made by the judicial branch.

Practical examples

1A local fishing law from 1950 says a Magistrate must decide if a fisherman's net should be confiscated based on evidence. Since this involves weighing evidence and a penalty, Section 3 of the Sanhita ensures that a Judicial Magistrate handles the case, not a city administrator.

2A state law regarding movie theaters requires a Magistrate to sign off on a new business license. Because this is an administrative task, Section 3 directs that this specific duty be performed by an Executive Magistrate.

FAQ

1. If a law just says Magistrate without saying which kind, who does it mean under the Bharatiya Nagarik Suraksha Sanhita, 2023?

Section 3 states that a reference to a Magistrate without any qualifying words should be understood as a Judicial Magistrate of the first or second class.

2. Who handles cases involving the appreciation of evidence under the Bharatiya Nagarik Suraksha Sanhita, 2023?

According to Section 3, any function involving the appreciation or shifting of evidence must be performed by a Judicial Magistrate.

3. Which Magistrate is responsible for administrative tasks like granting licenses under the Bharatiya Nagarik Suraksha Sanhita, 2023?

Section 3(2)(b) specifies that tasks that are administrative or executive in nature, such as granting or cancelling licenses, are handled by an Executive Magistrate.

Test yourself

Q1.Under Section 3 of The Bharatiya Nagarik Suraksha Sanhita, 2023, if a function involves formulating a decision that exposes a person to punishment, who must exercise that power?

Q2.According to Section 3 of The Bharatiya Nagarik Suraksha Sanhita, 2023, which of the following is an example of a task for an Executive Magistrate?

Q3.Under Section 3 of The Bharatiya Nagarik Suraksha Sanhita, 2023, a reference to a Magistrate of the second class in another law is interpreted as:

Q4.What is the determining factor for whether a Judicial Magistrate handles a task under Section 3 of The Bharatiya Nagarik Suraksha Sanhita, 2023?

2PreviousSection 2 Definitions.4NextSection 4 Trial of offences under Bharatiya Nyaya Sanhita, 2023 and other laws.

←Section 2 Section 4→