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Repealed on 1 July 2024 and replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).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)]
Study: explanations and related material
Now BNSS 524 (corresponding section). CrPC → BNSS converterSource: BPR&D BNSS–CrPC corresponding section table (UP Police, 2024-07-03), p25
Official reference: Ministry of Home Affairs: historical CrPC reference — source link checked: 2 October 2026.Recorded edition / snapshot date: 2024-06-30.Mobile-app reference import; the recorded snapshot date is not a fresh legal-currency guarantee. The linked government text is an independent authoritative reference, not certification that this website reproduces the same edition. The source link was checked, not every provision or subsequent amendment. Check commencement notifications, savings and jurisdiction-specific variations separately. Section 135 was restored and individually checked against the linked government PDF (pages 75–76) on 2026-10-02; this is not a verification of the whole collection. Schedules and forms are not consolidated here. Historical code retained for reference; read the repeal/savings provisions in the successor code.
This text is for reference, not legal advice. Consult the official source for the 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