CrPC 3→BNSS 3

CrPC 3 to BNSS 3: Construction of references

Section 3 CrPC (1973) replaced by Section 3 BNSS (2023)

View CrPC Section 3 →View BNSS Section 3 →

CrPC 3 to BNSS 3 at a Glance

Section 3 CrPC (Construction of references) is now Section 3 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 3 to BNSS 3?

Section 3 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaces Section 3(1), Section 3(2) and Section 3(3) of the Code of Criminal Procedure, 1973 with Section 3(1) BNSS, one rule for references in any law in relation to any area. It omits all provisions on metropolitan areas, Metropolitan Magistrates, Chief Metropolitan Magistrates, Courts of Metropolitan Magistrates, Presidency Magistrates, Magistrates of the third class and earlier enactments. Section 3(4) CrPC moves to Section 3(2) BNSS with Sanhita in place of Code. In that sub-section, shifting appears where the CrPC said sifting, and a reference to the provisions of Section 3(2)(a) BNSS appears where the CrPC said subject as aforesaid.

CrPC 3 vs BNSS 3: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section33
HeadingConstruction of referencesSame
Sub-sections4 sub-sections2 sub-sections

CrPC 3 and BNSS 3: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 3, CrPC 1973

3. Construction of references.—(1) In this Code,— (a) any reference, without any qualifying words, to a Magistrate, shall be construed, unless the context otherwise requires,— (i) in relation to an area outside a metropolitan area, as a reference to a Judicial Magistrate; (ii) in relation to a metropolitan area, as a reference to a Metropolitan Magistrate; (b) any reference to a Magistrate of the second class shall, in relation to an area outside a metropolitan area, be construed as a reference to a Judicial Magistrate of the second class, and, in relation to a metropolitan area, as a reference to a Metropolitan Magistrate; (c) any reference to a Magistrate of the first class shall,— (i) in relation to a metropolitan area, be construed as a reference to a Metropolitan Magistrate exercising jurisdiction in that area; (ii) in relation to any other area, be construed as a reference to a Judicial Magistrate of the first class exercising jurisdiction in that area; (d) any reference to the Chief Judicial Magistrate shall, in relation to a metropolitan area, be construed as a reference to the Chief Metropolitan Magistrate exercising jurisdiction in that area. (2) In this Code, unless the context otherwise requires, any reference to the Court of a Judicial Magistrate shall, in relation to a metropolitan area, be construed as a reference to the Court of the Metropolitan Magistrate for that area. (3) Unless the context otherwise requires, any reference in any enactment passed before the commencement of this Code,— (a) to a Magistrate of the first class, shall be construed as a reference to a Judicial Magistrate of the first class; (b) to a Magistrate of the second class or of the third class, shall be construed as a reference to a Judicial Magistrate of the second class; (c) to a Presidency Magistrate or Chief Presidency Magistrate, shall be construed as a reference, respectively, to a Metropolitan Magistrate or the Chief Metropolitan Magistrate; (d) to any area which is included in a Metropolitan area, as a reference to such metropolitan area, and any reference to a Magistrate of the first class or of the second class in relation to such area, shall be construed as a reference to the Metropolitan Magistrate exercising jurisdiction in such area. (4) Where, under any law, other than this Code, the functions exercisable by a Magistrate relate to matters,— (a) which involve the appreciation or sifting 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 Code, 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 as aforesaid, be exercisable by an Executive Magistrate.
BNSS 2023 (in force)

Section 3, BNSS 2023

3. Construction of references.—(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.

When It Applies: CrPC 3 vs BNSS 3

Under CrPC 3
  1. In the Code of Criminal Procedure, 1973, unless the context otherwise requires, an unqualified reference to a Magistrate or a reference to a Magistrate of the first class or of the second class shall be construed as referring to the corresponding Judicial Magistrate outside a metropolitan area and to a Metropolitan Magistrate in a metropolitan area.
  2. Where a provision of the Code refers to the Chief Judicial Magistrate or to the Court of a Judicial Magistrate in relation to a metropolitan area, that reference shall, unless the context otherwise requires, be read as referring to the Chief Metropolitan Magistrate or the Court of the Metropolitan Magistrate for that area.
  3. In any enactment passed before the commencement of the Code, unless the context otherwise requires, references to Magistrates of the first, second, or third class, Presidency Magistrates, Chief Presidency Magistrates, and areas included in a metropolitan area shall be construed under Section 3(3) CrPC as references to the corresponding Judicial Magistrates, Metropolitan Magistrates, Chief Metropolitan Magistrate, or metropolitan area.
  4. When a Magistrate exercises functions under any law other than the Code that involve the appreciation or sifting of evidence or the formulation of any decision exposing a person to punishment, penalty, detention in custody pending investigation, inquiry or trial, or sending that person for trial before a Court, those functions shall, subject to the provisions of the Code, be exercised by a Judicial Magistrate under Section 3(4)(a) CrPC.
  5. When a Magistrate exercises functions under any law other than the Code that are administrative or executive in nature, including granting, suspending, or cancelling a licence or sanctioning or withdrawing from a prosecution, those functions shall, subject as aforesaid, be exercised by an Executive Magistrate under Section 3(4)(b) CrPC.
Under BNSS 3
  1. In any law, unless the context otherwise requires, any reference to a Magistrate without any qualifying words, a Magistrate of the first class, or a Magistrate of the second class shall, in relation to any area, be construed under Section 3(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 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 the functions exercisable by a Magistrate under any law other than the Sanhita relate to matters involving the appreciation or shifting of evidence or the formulation of any decision exposing a person to punishment, penalty, detention in custody pending investigation, inquiry or trial, or sending that person for trial before any Court, those functions shall, subject to the provisions of the Sanhita, be exercisable by a Judicial Magistrate under Section 3(2)(a) BNSS.
  3. Where the functions exercisable by a Magistrate under any law other than the Sanhita relate to matters that are administrative or executive in nature, including granting, suspending, or cancelling a licence or sanctioning or withdrawing from a prosecution, those functions shall, subject to the provisions of Section 3(2)(a) BNSS, be exercisable by an Executive Magistrate under Section 3(2)(b) BNSS.

What CrPC 3 to BNSS 3 Means in Practice

From 1 July 2024, references in any law to a Magistrate without any qualifying words, or of the first class or second class, are construed in relation to any area under Section 3(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 as referring to a Judicial Magistrate of the first class or second class exercising jurisdiction in such area, without separate rules for metropolitan areas. Section 3(2) BNSS keeps the division of functions under other laws between a Judicial Magistrate and an Executive Magistrate, with the wording differences noted above.

FAQs: CrPC 3 to BNSS 3

How did the treatment of metropolitan areas and Metropolitan Magistrates change between Section 3 CrPC and Section 3 BNSS?▼

Section 3(1), Section 3(2), and Section 3(3) of the Code of Criminal Procedure, 1973 contained separate rules for metropolitan areas and construed references to Magistrates, Chief Judicial Magistrates, and Courts of Judicial Magistrates in those areas as referring to Metropolitan Magistrates, Chief Metropolitan Magistrates, and their Courts. Section 3 of the Bharatiya Nagarik Suraksha Sanhita, 2023 omits all references to metropolitan areas and Metropolitan Magistrates, construing references in any law in relation to any area as referring to Judicial Magistrates.

Did the rule dividing functions under other laws between Judicial Magistrates and Executive Magistrates change in Section 3 BNSS?▼

Section 3(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 keeps the same division of functions as Section 3(4) of the Code of Criminal Procedure, 1973: matters involving appreciation of evidence or a decision exposing a person to punishment, penalty, detention or trial go to a Judicial Magistrate, and administrative or executive matters go to an Executive Magistrate. The wording differs where Sanhita replaces Code, shifting appears in Section 3(2)(a) BNSS where Section 3(4)(a) CrPC said sifting, and Section 3(2)(b) BNSS refers to the provisions of Section 3(2)(a) BNSS where Section 3(4)(b) CrPC said subject as aforesaid.

What happened to Section 3(3) CrPC on enactments passed before the commencement of the Code?▼

Section 3(3) of the Code of Criminal Procedure, 1973, which construed references in enactments passed before the commencement of the Code to Magistrates of the first, second, or third class and to Presidency or Chief Presidency Magistrates, is omitted in Section 3 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Instead, Section 3(1) BNSS applies a single rule to any reference in any law to a Magistrate without any qualifying words, a Magistrate of the first class, or a Magistrate of the second class.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Code of Criminal Procedure, 1973 · Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 21 Oct 2026 ·