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CHAPTER XXXVII MISCELLANEOUS

Section 478: Power to alter functions allocated to Executive Magistrate in certain cases

The Code of Criminal Procedure, 1973 (repealed)

Repealed by the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024.

1[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 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 (as printed in the official text)

Andaman and Nicobar Islands U.T.

In the Code, as it applies to the Union territories to which this Regulation extends, in sections, 478, the words “if the State Legislature by a resolution so requires.” Shall be omitted.

[Vide Andaman and Nicobar Islands U.T. Act 1 of 1974, s. 6.]

Footnotes in the official text

  1. 1.Subs. by Act 63 of 1980, s. 8, for s. 478 (w.e.f. 23-9-1980).

Now in the BNSS

As given in the correspondence table of the National Crime Records Bureau (Ministry of Home Affairs). Read both texts before relying on it. NCRB table

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

Practise questions on Criminal Law