Code:
(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.
Explanation:
This section of the BNSS code clarifies the type of Magistrate designated to handle different legal matters. It essentially separates the roles of Judicial Magistrates and Executive Magistrates.
- Judicial Magistrates handle cases involving evidence, decision-making, and legal proceedings that could result in punishment, detention, or trial. Examples include:
- Accepting chargesheets
- Issuing warrants
- Conducting trials
- Executive Magistrates deal with administrative or executive functions that don’t involve criminal prosecution or judicial processes. Examples include:
- Issuing licenses
- Maintaining public order
- Enforcing regulations
Illustration: Construction Of References
Consider a case where a person is accused of theft. The case will be initially handled by a Judicial Magistrate, who will decide on bail, conduct preliminary proceedings, and potentially send the case for trial in a higher court. However, if a licensing issue arises during the investigation (e.g., a business license related to the stolen goods), an Executive Magistrate might be involved to handle that aspect of the case.
Common Questions & Answers:
Q: What happens if a law doesn’t specify the type of Magistrate?
A: Section 3(1) states that in such cases, the Magistrate referred to will be considered a Judicial Magistrate (of the appropriate class) for that particular area.
Q: Can an Executive Magistrate handle matters involving evidence or punishment?
A: No, according to section 3(2)(a), such matters must be handled by a Judicial Magistrate.
Q: Can a Judicial Magistrate handle administrative or executive tasks?
A: Generally no, but they can in cases where the functions are closely connected to a criminal case (section 3(2)(b)).
