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

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 granting a license is administrative in nature.
• According to Section 3(2)(b), administrative or executive functions such as granting a license are to be exercised by an Executive Magistrate.
• Therefore, Priya's application for a liquor license will be reviewed and decided upon by an Executive Magistrate.

Example 3:

Scenario: A person named Anil is involved in a road accident and is accused of causing grievous injury. The police need to detain him pending investigation.

Application of Section 3:

• The function of detaining a person pending investigation involves the appreciation of evidence and exposes the person to potential punishment.
• According to Section 3(2)(a), such functions are to be exercised by a Judicial Magistrate.
• Therefore, the decision to detain Anil pending investigation will be made by a Judicial Magistrate.

Example 4:

Scenario: The local government in a district decides to suspend the business license of a shop for violating health regulations.

Application of Section 3:

• The function of suspending a license is administrative in nature.
• According to Section 3(2)(b), administrative or executive functions such as suspending a license are to be exercised by an Executive Magistrate.
• Therefore, the decision to suspend the shop's business license will be made by an Executive Magistrate.