Section 3 BNSS: Construction of references

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 3 BNSS at a Glance

Section 3 BNSS deals with construction of references. It replaced Section 3 CrPC on 1 July 2024.

Was CrPC

Section 3 →

Section 3 BNSS Bare Act Text

(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.

Source: Section 3, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 3 BNSS in Simple Words

Section 3 of the Bharatiya Nagarik Suraksha Sanhita, 2023 says how references to Magistrates in any law are to be read, and which Magistrate exercises a Magistrate's functions under laws other than the Sanhita.

Under Section 3(1) BNSS, unless the context otherwise requires, a reference to a Magistrate without any qualifying words, a Magistrate of the first class or a Magistrate of the second class is read as a reference to a Judicial Magistrate of the first class or of the second class, as the case may be, exercising jurisdiction in that area.

Under Section 3(2) BNSS, functions under other laws go to a Judicial Magistrate or an Executive Magistrate according to the nature of the function.

When Section 3 BNSS Applies

  • 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.
  • 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.
  • 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.

Example of Section 3 BNSS

Suppose a statute other than the Bharatiya Nagarik Suraksha Sanhita, 2023 assigns functions to a Magistrate. First, that statute empowers a Magistrate to grant or suspend a licence for Arjun. Because granting or suspending a licence is administrative or executive in nature, Section 3(2)(b) BNSS provides that this function shall, subject to the provisions of Section 3(2)(a) BNSS, be exercisable by an Executive Magistrate. Second, the statute empowers a Magistrate to formulate a decision exposing Meera to punishment or sending her for trial before a Court. Under Section 3(2)(a) BNSS, that function shall, subject to the Sanhita, be exercisable by a Judicial Magistrate.

When Section 3 BNSS Does Not Apply

  • The rule in Section 3(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 construing references to a Magistrate in any law does not apply where the context otherwise requires a different meaning.
  • With respect to a general reference to a Magistrate in Section 3(1) BNSS, the rule does not apply when the reference includes qualifying words specifying another kind of Magistrate.
  • Section 3(2) BNSS does not govern functions conferred on a Magistrate by the Sanhita itself, because it applies only where functions are exercisable under any law other than the Sanhita.

Section 3 BNSS in the CrPC (Previous Law)

Section 3 BNSS replaced Section 3 CrPC from 1 July 2024.

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.

Each sub-section below names its own source.

FAQs on Section 3 BNSS

How does Section 3(1) BNSS construe a reference to a Magistrate in any law?▼

Section 3(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides a single rule of construction that applies unless the context otherwise requires. 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 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.

When are functions under another law exercisable by a Judicial Magistrate under Section 3(2)(a) BNSS?▼

Where functions exercisable by a Magistrate under any law other than the Bharatiya Nagarik Suraksha Sanhita, 2023 involve the appreciation or shifting of evidence, or the formulation of any decision exposing any person to punishment, penalty, or detention in custody pending investigation, inquiry or trial, or sending that person for trial before any Court, Section 3(2)(a) BNSS directs that they shall, subject to the provisions of the Sanhita, be exercisable by a Judicial Magistrate.

When does an Executive Magistrate exercise functions under another law under Section 3(2)(b) BNSS?▼

Where functions exercisable by a Magistrate under any law other than the Bharatiya Nagarik Suraksha Sanhita, 2023 are administrative or executive in nature, Section 3(2)(b) BNSS states that they shall, subject to the provisions of Section 3(2)(a) BNSS, be exercisable by an Executive Magistrate. Section 3(2)(b) BNSS lists the granting of a licence, the suspension or cancellation of a licence, sanctioning a prosecution, and withdrawing from a prosecution as examples of such administrative or executive matters.

What changed from Section 3 CrPC to Section 3 BNSS from 1 July 2024?▼

Section 3(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 gives one rule for references in any law to a Magistrate, a Magistrate of the first class or a Magistrate of the second class, and omits the provisions of Section 3 of the Code of Criminal Procedure, 1973 on metropolitan areas, Metropolitan Magistrates, Chief Metropolitan Magistrates, Presidency Magistrates and older enactments. In Section 3(2)(a) BNSS the word shifting appears where Section 3(4)(a) CrPC said sifting. 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.

Section 3 BNSS: Sub-sections Explained

Section 3(1) BNSS: Construction of references

▶

Bare Act Text

(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.

Previous Law

CrPC 3 → Section 3(1) BNSS

Section 3(2) BNSS: Construction of references

▶

Bare Act Text

(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.

Previous Law

CrPC 3(4) → Section 3(2) BNSS

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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 21 Oct 2026 ·