Section 3 CrPC - Construction of References
Section 3 of the Code of Criminal Procedure, 1973 explains how references to different classes of Magistrates and Magistrates' Courts are to be understood. It also distinguishes judicial functions from administrative or executive functions when another law confers a function on a Magistrate.
Legal status: This page explains Section 3 CrPC in the legal framework applicable before the Bharatiya Nagarik Suraksha Sanhita, 2023 came into force on 1 July 2024. The CrPC remains relevant where the applicable saving or transitional provisions preserve proceedings governed by the earlier Code.
Meaning and purpose of Section 3 CrPC
The expression "construction of references" means the statutory method for interpreting references to Magistrates in the Code and in certain earlier enactments. Section 3 identifies which judicial or metropolitan Magistrate is intended when legislation uses expressions such as "Magistrate", "Magistrate of the first class", "Magistrate of the second class", "Chief Judicial Magistrate", "Presidency Magistrate" or "Chief Presidency Magistrate".
Judicial and executive functions: Sub-section (4) separates functions requiring judicial consideration - such as appreciation or sifting of evidence, decisions exposing a person to punishment, penalty, custody or trial - from administrative or executive functions such as licensing and specified prosecution-related administrative acts.
Section 3 of the Code of Criminal Procedure, 1973
(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.
How Section 3 CrPC operates
Reference to a Magistrate
An unqualified reference to a Magistrate ordinarily means a Judicial Magistrate outside a metropolitan area and a Metropolitan Magistrate within a metropolitan area, unless the context requires a different interpretation.
First-class and second-class Magistrates
The provision aligns older or general expressions with the corresponding judicial structure. A first-class Magistrate is read as the appropriate Metropolitan Magistrate in a metropolitan area or Judicial Magistrate of the first class elsewhere. References to a second-class Magistrate are similarly construed according to whether the area is metropolitan or non-metropolitan.
Judicial functions and executive functions
Sub-section (4) is important where another law assigns a function simply to a "Magistrate". Functions involving evidence, punishment, penalty, detention or committal for trial are judicial in character and are assigned to a Judicial Magistrate. Functions that are administrative or executive in nature are assigned to an Executive Magistrate, subject to the Code.
State amendment - Andaman and Nicobar Islands
The original page records the Andaman and Nicobar Islands (U.T.) amendment inserting Section 3A. The provision contains special rules for construing references to the Chief Judicial Magistrate and other Magistrates, together with a mechanism for the State Government to bring the special arrangement to an end when adequate persons are available for appointment as Judicial Magistrates.
3A. Special provision relating to Andaman and Nicobar Islands.
(1) Reference in this Code to-
(a) the Chief Judicial Magistrate shall be construed as references to the District Magistrate or, where the State Government so directs, also to the Additional District Magistrate;
(b) a Magistrate or Magistrate of the first class or of the second class or Judicial Magistrate of the first class or of the second class, shall be construed as references to such Executive Magistrate as the State Government may, by notification in the Official Gazette, specify.
(2) The State Government may, if it is of opinion that adequate number of persons are available for appointment as Judicial Magistrates, by notification in the Official Gazette, declare that the provisions of this section shall, on and from such day as may be specified in the notification, cease to be in force and different dates may be specified for different islands.
(3) On the cesser of operation of the provisions of this section, every inquiry or trial pending immediately before such cesser before the District Magistrate or Additional District Magistrate or any Executive Magistrate, as the case may be, shall stand transferred and shall be dealt with, from the stage which was reached before such cesser, by such Judicial Magistrate as the State Government may specify in this behalf.
[Vide Andaman and Nicobar Islands (U.T.) Act 1 of 1974, section 3]
CrPC and BNSS position
The Code of Criminal Procedure, 1973 was the principal criminal procedure law before the commencement of the Bharatiya Nagarik Suraksha Sanhita, 2023. The BNSS came into force on 1 July 2024. For matters governed by the earlier legal regime, the applicable saving and transitional provisions should be examined before determining whether the CrPC continues to govern a particular proceeding.
