Section 3 of BNSS : Section 3: Construction of references.

BNSS

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Explanation using Example

Example 1:

Scenario: A person named Raj is accused of theft in a small town in Maharashtra. The police arrest him and present him before a Magistrate.

Application of Section 3:

  • Since the law mentions "Magistrate" without any qualifying words, it needs to be determined which type of Magistrate has jurisdiction.
  • According to Section 3(1), the reference to a Magistrate in this context should be construed as a reference to a Judicial Magistrate of the first class or Judicial Magistrate of the second class, depending on the area.
  • Therefore, Raj will be presented before a Judicial Magistrate of the first class or second class who has jurisdiction in that area.

Example 2:

Scenario: A business owner named Priya applies for a liquor license in Delhi. The application is to be reviewed and approved by a Magistrate.

Application of Section 3:

  • The function of grant...

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