Section 3 CrPC: Construction of references

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Section 3: Construction of references

(1) In this Code—
(a) any reference, without any qualifying words, to a Magistrate shall, unless the context otherwise requires,—
(i) in relation to an area outside a metropolitan area, be construed as a reference to a Judicial Magistrate;
(ii) in relation to a metropolitan area, be construed as a reference to a Metropolitan 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.

Important Sub-Sections Explained

Section 3(1)

This subsection is foundational, explaining how the term “Magistrate” and specific classes of Magistrates (like First Class or Chief Judicial Magistrate) should be understood. It clarifies whether a reference pertains to a Judicial Magistrate in non-metropolitan areas or a Metropolitan Magistrate in urban centers, guiding the correct application of jurisdiction.

Section 3(3)

This subsection is crucial for continuity, providing a clear mechanism to interpret references to Magistrates found in older laws (enacted before CrPC 1973). It ensures that terms like “Presidency Magistrate” or “Magistrate of the second class” from previous enactments are correctly mapped to their modern equivalents, such as Metropolitan Magistrate or Judicial Magistrate of the second class.

Chapter I