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Construction of references

Construction of references :

 Section – 3. (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 Metropo-litan 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.

STATE AMENDMENTS

ANDAMAN & NICOBAR ISLANDS

■ Section 3A

Insertion of new section 3A, after section 3,

“3A. Special provision relating to Andaman and Nicobar Islands. – (1) References 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.”— Regulation 1 of 1974

ARUNACHAL PRADESH AND MIZORAM

■ Section 3(5)

Insert sub-section (5) after sub-section (4)

“(5) Notwithstanding anything contained in the foregoing provisions of this section—

(i) any reference in such of the provisions of this Code, as applied to the Union territories of Arunachal Pradesh and Mizoram, to the Courts mentioned in Column (1) of the Table below shall, until the Courts of Session and Courts of Judicial Magistrate are constituted in the said Union territories be construed as references to the Court of Magistrate mentioned in the corresponding entry in Column (2) of that Table.

TABLE

1 2
Court of Session or Sessions Judge or Chief Judicial Magistrate. District Magistrate.
Magistrate or Magistrate of the first class or Judicial Magistrate of the first class. Executive Magistrate.
(ii) the functions mentioned in clause (a) of sub-section (4) shall be exercisable by an Executive Magistrate.”

The Chief Commissioners and the Additional Deputy Commissioners, in the Union territory of Arunachal Pradesh, were appointed to be Executive Magistrate.—Vide Notification No. Jud. 25/74, dated 2nd April, 1974.

COMMENTS

Rules of construction – This section contains certain rules of construction necessitated by the various changes made in the new Code. The presidency towns have been replaced by metropolitan areas and provision has been made in succeeding sections for the appointment of Metropolitan Magistrates in those areas. As will be seen from the relevant provisions, the powers of the Chief Metropolitan Magistrate and of the Metropolitan Magistrate are, with few exceptions, the same as those of the Chief Judicial Magistrate and of the Judicial Magistrates of the First Class, respectively. In order to avoid repetitive references to the two categories of Magistrates, this section has been inserted.

The Code seeks to bring about separation of the Judiciary from the Executive, whereby the functions of the Magistrates under the Code have been allocated between the Judicial and the Executive Magistrates. A rule of construction in respect of laws containing references to Magistrates has, therefore, been inserted in the latter part of the section so as to ensure that they also fit in with the scheme of separation adopted under the Code.

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