3. (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,-
(a) 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 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.
Bharatiya Nagarik Suraksha Sanhita, 2023
Section 1 Short title extent and commencement
Section 3 Construction of references
Section 4 Trial of offences under Bharatiya Nyaya Sanhita, 2023 and other laws
Section 6 Classes of Criminal Courts
Section 7 Territorial divisions
Section 9 Courts of Judicial Magistrates
Section 10 Chief Judicial Magistrate and Additional Chief Judicial Magistrate, etc