CrPC Section 478: Power to alter functions allocated to Executive Magistrates in certain cases
Code of Criminal Procedure, 1973 · Chapter 37: Miscellaneous
Repealed on 1 July 2024 and replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
478. Power to alter functions allocated to Executive Magistrates in certain cases.-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.
STATE AMENDMENT
Maharashtra :
In section 478 for the words "to an Executive Magistrate shall be construed" the words "to an Executive Magistrate in the areas of the State outside Greater Bombay shall be construed" shall be substituted.
*[Vide Maharashtra Act 1 of 1978 (w.e.f. 15-4-1978)]
Bare act text for reference, current to 30 June 2024. It is not legal advice; check the official gazette for authoritative text.
Other sections in this chapter
- 474. Trials before High Court
- 475. Delivery to commanding officers of persons liable to be tried by Court-martial
- 476. Forms
- 477. Power of High Court to make rules
- 479. Cases in which Judge or Magistrate is personally interested
- 480. Practising pleader not to sit as Magistrate in certain Courts
- 481. Public servant concerned in sale not to purchase or bid for property
- 482. Saving of inherent power of High Court
- 483. Duty of High Court to exercise continuous superintendence over Courts of Judicial Magistrates
- 484. Repeal and savings