- 15-Jan-2025
- Family Law Guides
(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,—
Section 3 addresses the construction of references to Magistrates within the legal framework. It clarifies that, unless stated otherwise, references to Magistrates in laws pertain to Judicial Magistrates. It also distinguishes between the functions of Judicial and Executive Magistrates based on the nature of the matters they handle.
Section 3 specifies that references to a Magistrate, unless otherwise indicated, should be understood as referring to either a Judicial Magistrate of the first or second class, depending on the jurisdiction in a given area.
A Judicial Magistrate is assigned functions that involve evidence assessment, decision-making that could result in punishment, and handling matters related to trials.
An Executive Magistrate handles administrative or executive matters such as granting or canceling licences, and deciding on prosecutions.
This distinction is crucial as it delineates the scope of authority and responsibilities of each type of Magistrate, ensuring appropriate legal proceedings and administrative actions are taken.
For instance, if a case involves deciding whether a person should be detained for trial, it falls under the purview of a Judicial Magistrate. In contrast, if a matter pertains to the suspension of a business licence, it would be dealt with by an Executive Magistrate.
Section 3 of the Bharatiya Nagarik Suraksha Sanhita, 2023, clarifies how references to Magistrates should be interpreted in law. It outlines the specific functions assigned to Judicial and Executive Magistrates, ensuring clarity in legal proceedings and administrative functions.
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