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.
Bare Act
Enacted textIf 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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