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Thursday, 12 November 2026 Judgments, law jobs and study notes, written by a practising advocate
Bharatiya Nagarik Suraksha Sanhita, 2023 · Chapter I: Preliminary

Section 3 BNSS: Construction of references

Corresponding CrPC
Section 3 CrPC

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.

Text as enacted in the Bharatiya Nagarik Suraksha Sanhita, 2023 (Act No. 46 of 2023), in force from 1 July 2024. Source: India Code, Government of India.

In simple words

Explains how references to Magistrates in other laws are to be read. Plain references are read as Judicial Magistrates of the relevant class. Functions involving appreciation of evidence or decisions exposing a person to punishment or custody go to Judicial Magistrates, while administrative or executive functions go to Executive Magistrates.

Chapter I: Preliminary

  1. 1 Short title, extent and commencement
  2. 2 Definitions
  3. 3 Construction of references
  4. 4 Trial of offences under Bharatiya Nyaya Sanhita, 2023 and other laws
  5. 5 Saving