Section 3(2) in Bharatiya Nagarik Suraksha Sanhita, 2023
(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.[Similar to Section 3 from Old CrPC-Also Refer]
