Explanation of Section 3: Construction of References
This section explains how references to "Magistrates" in any law should be understood based on the context of their duties. It distinguishes between Judicial Magistrates and Executive Magistrates and clarifies their roles. Let’s break it down with examples.
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(1) Reference to Magistrates
If any law mentions a "Magistrate" without specifying whether they are of the first or second class, it should be interpreted as:
Judicial Magistrate of the first class or
Judicial Magistrate of the second class,
depending on their jurisdiction in the concerned area.
Example:
In a law related to criminal trials, if it refers to a "Magistrate," it means a Judicial Magistrate who has the authority to handle criminal cases in that area. For example, if someone commits theft, the Judicial Magistrate of the first class in that region will handle the case.
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(2) Functions of Magistrates in Different Situations
(a) Judicial Functions
If a Magistrate’s role involves deciding on evidence, making decisions that could result in punishment, or detaining someone during an investigation or trial, these functions must be performed by a Judicial Magistrate.
Example:
1. Trial of a Theft Case:
A Magistrate must review evidence and decide if the accused is guilty or not. This is a judicial function, so it must be handled by a Judicial Magistrate.
2. Detention Order:
During a criminal investigation, if the police want to detain the accused for questioning, only a Judicial Magistrate can approve it.
(b) Administrative or Executive Functions
If the role involves tasks like granting or canceling licenses, approving or withdrawing prosecutions, or other administrative duties, these are to be performed by an Executive Magistrate.
Example:
1. Granting a License:
If someone applies for a license to organize a public event, the Executive Magistrate is responsible for approving or denying it.
2. Withdrawing a Prosecution:
If the government decides not to continue with a criminal case, an Executive Magistrate can formalize the withdrawal.
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Important Points to Note
1. Judicial Magistrates deal with legal matters requiring judgments, penalties, or detention.
2. Executive Magistrates handle administrative or executive tasks such as granting permissions or managing law and order.
3. The division ensures clear separation of roles, avoiding confusion.
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Summary with Example
Suppose Ravi is accused of theft:
The Judicial Magistrate will examine evidence, decide if Ravi is guilty, and may order his detention.
If Ravi applies for a license to start a new business, the Executive Magistrate will decide on granting or rejecting the license.
This sect
ion ensures that the right type of Magistrate handles the right responsibilities.
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