Sections 3: Code of Criminal Procedure 1898,Section 3,References to Code of Criminal Procedure and other repealed enactments. Expressions in former acts, Code of Criminal Procedure (Act V of 1898)

THE CODE OF CRIMINAL PROCEDURE (ACT V OF 1898)

PART I PRELIMINARY

CHAPTER I

Section 3

Section 3. Reference to Code of Criminal Procedure and other repealed enactments

(1) In every enactment passed before this Code comes into force in which reference is made to, or to any, chapter or section of the Code of Criminal Procedure, Act XXV of 1861 or Act X of 1872, or Act X of 1882 or to any other enactment hereby repealed, such reference shall so far as may be, Practicable, be taken to be made to this Code or to its corresponding chatter or section.

(2) Expressions in former Acts. In every enactment passed before this Code comes into force the expressions "Officer exercising (or `leaving') the powers (or 'the full powers') of a Magistrate" "Subordinate Magistrate, first class", and "Subordinate Magistrate second class", shall respectively be denied to mean Magistrate of the first class", "Magistrate of the second class" and "Magistrate of the third class", the expression "Magistrate of a division of a district" shall be deemed to mean "Sub-Divisional Magistrate", the expression "Magistrate" of the district shall be deemed to mean "District Magistrate and the expression "Joint Sessions Judge" shall mean "Additional Sessions Judge".

Explanation, Illustration and Relevant Cases:

Criminal Procedure Code (V of 1898)‑‑‑‑Sections. 497, 498, 6, 9, 3 & 34‑‑‑Prohibition (Enforcement of Hadd) Order (4 of 1979),Arts. 3 & 4‑‑‑Bail, grant of‑‑‑Jurisdiction of Courts‑‑‑Bail application was rejected by Assistant Sessions Judge‑‑‑Additional Sessions Judge refused to entertain second bail application as not maintainable without fresh grounds because the Assistant Sessions Judge had derived his jurisdiction as a Court of Session‑‑‑Assistant Sessions Judge, belongs to different category of judicial officers and for all practical purposes, exercises powers which vest with Magistrate under Section 30, Cr.P.C. and while exercising powers under 5.497, Cr.P.C. acts as a Court of original jurisdiction subordinate to Sessions Judge‑‑‑All Courts established under Ss.6 & 9, Cr.P.C. would thus havc concurrent powers under S.497, Cr.P.C. and ordinarily the superior Court should not certain application for bail without first moving the inferior Court‑‑‑Sessions Judge should therefore, entertain and decide a bail application after the same was dismissed by the Assistant Sessions Judge as a Court of inferior jurisdiction. 1990 P Cr. L J 956