Section 3 CrPC: Construction of References in Code of Criminal Procedure

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Section 3 CrPC: Construction of References in Code of Criminal Procedure

1. State the Code

Section 3 of the Code of Criminal Procedure, 1973 deals with the construction of references made in the Code.

2. Explain It

Section 3 states that unless the context otherwise requires:

  • references to any enactment shall be construed as references to that enactment as amended from time to time.
  • references to any law shall be construed as references to that law as amended from time to time.
  • references to any officer or authority shall be construed as references to the officer or authority having, for the time being, the functions of that officer or authority.
  • references to any place shall be construed as references to that place as defined from time to time.
  • references to any time shall be construed as references to the time prevailing in the place where the act or event referred to took place.
  • words importing the masculine gender shall include the feminine gender.
  • words importing the singular number shall include the plural number.
  • words importing the plural number shall include the singular number.
  • words importing persons shall include any body of persons, whether incorporated or not.

3. Illustrate It

For example, if a provision of the Code refers to the “Magistrate,” it shall be construed as a reference to the Magistrate having the functions of that office at the time being, irrespective of the specific designation given to that Magistrate.

4. Common Questions & Answers

Q: What is the purpose of Section 3 CrPC?

A: The purpose of this section is to ensure consistent interpretation of the Code of Criminal Procedure, regardless of amendments or changes in the law, officers, places, or time.

Also Read  Section 80 CrPC: Arrest Procedure for Warrant Issued Individuals - India's Code of Criminal Procedure

Q: What if the context requires a different interpretation?

A: Section 3 states that its provisions are not applicable if the context of the relevant provision requires a different interpretation.

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