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BNSS, 2023
Start Practicing
BNSSChapter XXXIXSection 524
Section524

Power to alter functions allocated to Executive Magistrate in certain cases

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Summary

Where the State Legislative Assembly permits, the State Government may, after consulting the High Court, notify that certain duties which in listed provisions refer to an Executive Magistrate will instead be treated as references to a Judicial Magistrate of the first class. The change can only happen after the Assembly resolution and High Court consultation. Once notified, the cited sections are read as mentioning the Judicial Magistrate of the first class.

Example

Ravi files a complaint about a neighbourhood disturbance that falls under a provision naming an Executive Magistrate. Because the Assembly passed a resolution and the State consulted the High Court, the State issues a notification. The matter is heard by a Judicial Magistrate of the first class instead of an Executive Magistrate.

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Enacted text

If the Legislative Assembly of a State by a resolution so permits, the State Government may, after consultation with the High Court, by notification, direct that references in sections 127, 128, 129, 164 and 166 to an Executive Magistrate shall be construed as references to a Judicial Magistrate of the first class.

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XXXIX

Chapter XXXIX

Miscellaneous

In this chapter

  • 520Trials before High Courts
  • 521Delivery to commanding officers of persons liable to be tried by Court-martial
  • 522Forms
  • 523Power of High Court to make rules
  • 524Power to alter functions allocated to Executive Magistrate in certain cases
  • 525Cases in which Judge or Magistrate is personally interested
  • 526Practising advocate not to sit as Magistrate in certain Courts
  • 527Public servant concerned in sale not to purchase or bid for property
  • 528Saving of inherent powers of High Court
  • 529Duty of High Court to exercise continuous superintendence over Courts
  • 530Trial and proceedings to be held in electronic mode
  • 531Repeal and savings
Previous · Section 523Power of High Court to make rulesNext · Section 525Cases in which Judge or Magistrate is personally interested