Section 3 CrPC: Construction of References in Code of Criminal Procedure
1. State the Code
Section 3 of the Code of Criminal Procedure, 1973 deals with the construction of references made in the Code.
2. Explain It
Section 3 states that unless the context otherwise requires:
- references to any enactment shall be construed as references to that enactment as amended from time to time.
- references to any law shall be construed as references to that law as amended from time to time.
- references to any officer or authority shall be construed as references to the officer or authority having, for the time being, the functions of that officer or authority.
- references to any place shall be construed as references to that place as defined from time to time.
- references to any time shall be construed as references to the time prevailing in the place where the act or event referred to took place.
- words importing the masculine gender shall include the feminine gender.
- words importing the singular number shall include the plural number.
- words importing the plural number shall include the singular number.
- words importing persons shall include any body of persons, whether incorporated or not.
3. Illustrate It
For example, if a provision of the Code refers to the “Magistrate,” it shall be construed as a reference to the Magistrate having the functions of that office at the time being, irrespective of the specific designation given to that Magistrate.
4. Common Questions & Answers
Q: What is the purpose of Section 3 CrPC?
A: The purpose of this section is to ensure consistent interpretation of the Code of Criminal Procedure, regardless of amendments or changes in the law, officers, places, or time.
Q: What if the context requires a different interpretation?
A: Section 3 states that its provisions are not applicable if the context of the relevant provision requires a different interpretation.
