CrPC Section 3: Construction of references

In this Code,-

1. any reference, without any qualifying words, to a Magistrate shall be construed, unless the context otherwise requires,-
   1. in relation to an area outside a metropolitan area, as a reference to a Judicial Magistrate;
   2. in relation to a metropolitan area, as a reference to a Metropolitan Magistrate;
2. 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;
3. any reference to a Magistrate of the first class shall,-
   1. in relation to a Metropolitan area, be construed as a reference to a Metropolitan Magistrate exercising jurisdiction in that area;
   2. in relation to any other area, be construed as a reference to a Judicial Magistrate of the first class exercising jurisdiction in that area;
4. 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.

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.

Unless the context otherwise requires, any reference in any enactment passed before the commencement of this Code.-

1. to a Magistrate of the first class, shall be construed as a reference to a Judicial Magistrate of the first class;
2. 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;
3. to a Presidency Magistrate or Chief Presidency Magistrate, shall be construed as a reference, respectively, to a Metropolitan magistrate or the Chief Metropolitan Magistrate;
4. 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.

Where, under any law, other than this Code, the functions exercisable by a Magistrate relate to matters-

1. 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 Code, be exercisable by a Judicial Magistrate; or
2. 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.

Simplified Explanation:

Section 3 of the Code of Criminal Procedure (CrPC), 1973, of India, is titled “Construction of References.” In this section, the CrPC lays down how references to any legislation or laws in the context of criminal procedure should be interpreted or understood, especially when specific changes in the bill are made after the CrPC has come into force.

The key points covered in Section 3 are:

1. References to Laws Not in Force or Repealed: It explains how references to laws that are not in force or that have been repealed should be understood. If the CrPC refers to a law that has been abolished, replaced, or succeeded by another law, the reference generally applies to the new or succeeding law.
2. References to Offences: This includes how references to offences or classes of crimes in the CrPC should be understood in the context of laws that are replaced or amended.
3. References to Penal Provisions: It covers how references to punishments or penal provisions in repealed or succeeded laws should be interpreted in light of the new rules.

Section 3 ensures that the CrPC remains applicable and relevant even as other laws change over time. It provides a mechanism for the smooth transition of references within the CrPC to align with the current legal framework without necessitating constant amendments to the CrPC itself.

This section underscores the CrPC’s adaptability to the evolving legal landscape, ensuring that its provisions can be effectively applied in conjunction with the latest laws and statutes. For legal practitioners and law enforcement agencies, understanding the construction of references is crucial for correctly applying the law according to the current regulations.