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CrPC, 1973
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CrPCChapter XXXVIISection 478
Section478

Power to alter functions allocated to Executive Magistrates in certain cases

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Summary

If the State Legislative Assembly approves by resolution, the State Government may, after consulting the High Court and issuing a notification, direct that references in certain sections to an Executive Magistrate be construed as references to a Judicial Magistrate of the first class. The consequence is that the powers and duties in those sections will be exercised by a Judicial Magistrate of the first class instead of an Executive Magistrate once the notification is issued.

Example

Priya reports that her neighbour has blocked a public lane with construction material. Normally an Executive Magistrate would order removal and oversee an immediate inquiry under the listed provisions, but after the Assembly resolution and state notification a Judicial Magistrate of the first class will have the authority to order removal and conduct the inquiry.

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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 High Court, by notification, direct that references in sections 108, 109, 110, 145 and 147 to an Executive Magistrate shall be construed as references to a Judicial Magistrate of the first class.

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XXXVII

Chapter XXXVII

Miscellaneous

In this chapter

  • 474Trials before High Court
  • 475Delivery to commanding officers of persons liable to be tried by Court-martial
  • 476Forms
  • 477Power of High Court to make rules
  • 478Power to alter functions allocated to Executive Magistrates in certain cases
  • 479Cases in which Judge or Magistrate is personally interested
  • 480Practising pleader not to sit as Magistrate in certain Courts
  • 481Public servant concerned in sale not to purchase or bid for property
  • 482Saving of inherent power of High Court
  • 483Duty of High Court to exercise continuous superintendence over Courts of Judicial Magistrates
  • 484Repeal and savings
Previous · Section 477Power of High Court to make rulesNext · Section 479Cases in which Judge or Magistrate is personally interested