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Supreme Court of India
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Criminal Law
Bare Acts
The Code of Criminal Procedure, 1973
Section 1-50
Section 1
Section 2
Section 3
Section 4
Section 5
Section 6
Section 7
Section 8
Section 9
Section 10
Section 11
Section 12
Section 13
Section 14
Section 15
Section 16
Section 17
Section 18
Section 19
Section 20
Section 21
Section 22
Section 23
Section 24
Section 25
Section 26
Section 27
Section 28
Section 29
Section 30
Section 31
Section 32
Section 33
Section 34
Section 35
Section 36
Section 37
Section 38
Section 39
Section 40
Section 41
Section 42
Section 43
Section 44
Section 45
Section 46
Section 47
Section 48
Section 49
Section 50
Section 3- Construction of references.

In this code,

(a) Any reference, without any qualifying words to a magistrate shall be construed, unless the context otherwise requires, -

(i) In relation to an area outside a metropolitan area, as a reference to a judicial magistrate;

(ii) In relation to a metropolitan area, as a reference to a metropolitan Magistrate;

(b) Any reference to 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 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 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 reference to the chief metropolitan Magistrate exercising jurisdiction in that area.
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.
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 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 reference to the metropolitan magistrate-exercising jurisdiction in such area.
Where, under any law, other than this code, 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 code, be exercisable by a Judicial Magistrate; or

(b) Which are administrative or executive in nature, such as, granting of a licence, the suspension or cancellation of a licence, sanctioning a prosecution or with drawing from a prosecution, they shall, subject as aforesaid, be exercisable by an executive Magistrate.
     
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