Here We Describe Section 3 Of BNSS- “Construction of references” And Section 3 Is A Part Of CHAPTER I PRELIMINARY In New Bharatiya Nagarik Suraksha Sanhita 2023.
Here We Also Describe Section 3 Of BNS With an Explanation And Illustration of CHAPTER I–
Section 3 Of BNSS-
“Construction of references”–
(1) 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.
(2) Where, under any law, other than this Sanhita, the functions exercisable by a Magistrate relate to matters,—
(a) which involves the appreciation or shifting of evidence or the formulation of any decision that exposes any person to any punishment 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.
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