Construction of references.
- (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.
Read also : Section 115 in THE BHARATIYA NYAYA SANHITA, 2023 – BNS