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

Summary

If the State Legislative Assembly passes a resolution permitting it, the State Government may, after consulting the High Court, issue a notification directing that references to an Executive Magistrate in sections 108, 109, 110, 145 and 147 be read as references to a Judicial Magistrate of the first class.

Official Text

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.]

Sections referred to

• CrPC §108 — Security for good behaviour from persons disseminating seditious matters
• CrPC §109 — Security for good behaviour from suspected persons
• CrPC §110 — Security for good behaviour from habitual offenders
• CrPC §145 — Procedure where dispute concerning land or water is likely to cause breach of peace
• CrPC §147 — Dispute concerning right of use of land or water

Old <-> New Code Mapping

• BNSS §524 — Power to alter functions allocated to Executive Magistrate in certain cases