Construction of references
Section 3 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with construction of references. 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 Magistr The Act came into force on 01 Jul 2024.
(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.
Section 3, The Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023).
Replaces a provision of the Code of Criminal Procedure
CRPC 3 Construction of references Text carried over almost unchanged 86%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Referred to by 1
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
-
Mohd. Aleem vs The State of Telangana
Court's Decision & Legal Precedent
When the underlying dispute is civil in nature, the prescribed punishment for the alleged offences is less than seven years, and the material part of the investigation is substantially completed, anticipatory bail should be granted to the accused with appropriate conditions including personal bond, sureties, regular appearance before police, and cooperation with the investigating officer.
On this section: General provisions of BNS 2023 - applied in conjunction with other sections
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 3
What have the courts held on Section 3 of the Bharatiya Nagarik Suraksha Sanhita?
Mohd. Aleem vs The State of Telangana (09 Jan 2025) is the leading judgment on this section among those set out below: General provisions of BNS 2023 - applied in conjunction with other sections.
How do I find court cases under Section 3 of the Bharatiya Nagarik Suraksha Sanhita?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNSS 3, section 3 BNSS, section 3 of the Bharatiya Nagarik Suraksha Sanhita. People searching for it also type bnss 35 3 kya hai in hindi. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Mohd. Aleem vs The State of Telangana (09 Jan 2025).
What should I read with Section 3 of the Bharatiya Nagarik Suraksha Sanhita, and has it changed?
1 other provision in this corpus refers back to it. It carries forward CrPC 3 (Construction of references), so the judgments decided under that provision are the case law on this one.
When did Section 3 of the Bharatiya Nagarik Suraksha Sanhita come into force?
Section 3 of the Bharatiya Nagarik Suraksha Sanhita, cited as BNSS 3, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
- 359. Compounding of offences1355 words
- 187. Procedure when investigation cannot be completed in twenty-four hours1122 words
- 2. Definitions956 words
- 243. Trial for more than one offence930 words
- 35. When police may arrest without warrant881 words
- 480. When bail may be taken in case of non-bailable offence823 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.