Construction of references
Full Text
(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.
Plain English Summary
Explains how references to Magistrates in other laws should be interpreted and divides functions between Judicial Magistrates (legal decisions/trials) and Executive Magistrates (administrative/licensing).
Key Legal Elements
- Defines how generic references to 'Magistrate' are applied to specific classes
- Assigns evidence-based and punitive functions to Judicial Magistrates
- Assigns administrative and executive functions to Executive Magistrates
Practical Note
This ensures a clear separation of powers between the judiciary and the executive in criminal matters.