Section 3 CrPC: Construction of references

What Section 3 CrPC Says

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.

Source: Section 3, Code of Criminal Procedure, 1973

Section 3 CrPC in Simple Words

When Section 3 CrPC Applies

• 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.
• 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.
• 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.
• 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.
• 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.

Example of Section 3 CrPC

When Section 3 CrPC Does Not Apply

• The construction rules in Section 3(1)(a), Section 3(2) and Section 3(3) of the Code of Criminal Procedure, 1973 do not apply where the context otherwise requires.
• Section 3(1)(a) CrPC does not govern a reference to a Magistrate in the Code when that reference includes qualifying words specifying the Magistrate.
• The transitional rules in Section 3(3) CrPC do not apply to an enactment that was not passed before the commencement of the Code.
• The allocation of functions between a Judicial Magistrate and an Executive Magistrate in Section 3(4) CrPC does not apply to functions exercisable under the Code itself, as it applies only under a law other than the Code.

Section 3 CrPC Under BNSS 3: What Changed

FAQs on Section 3 CrPC