Section 478 - Power to alter functions allocated to judicial and Executive Magistrates in certain cases | Code of Criminal Procedure Act, 1973 vs The Bharatiya Nagarik Suraksha Sanhita, 2023 | LawFinder

Code of Criminal Procedure Act, 1973

478.Power to alter functions allocated to judicial and Executive Magistrates in certain cases.-

If the State Legislature by a resolution so requires, the State Government may, after consultation with the High Court, by notification, direct that-

(a) references in section 108, 109 and 110 to a Judicial Magistrate of the first class shall be construed as references to an Executive Magistrate;

(b) references in sections 145 and 147 to an Executive Magistrate shall be construed as references to a Judicial Magistrate of the first class.

The Bharatiya Nagarik Suraksha Sanhita, 2023

524. Power to alter functions allocated to Executive Magistrate in certain cases.

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.