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Section 478 Power to alter functions allocated to Executive Magistrates in certain Cases

Section 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 states Government may,after consultation with the high court ,by notification,direct that references in section 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

Andaman And Nicobar island , Dadra and Nagar  Haveli, Lakshadweep Islands:

In section 478,omit the words “if the state Legislature by resolution so requires”.

[Vide Regulation 1 of 1974,section.6 (w.e.f. 30-3-1974).]

Ed.-This amendment has been made prior to the enactment of the Code of Criminal procedure (Amendment) Act ,1980 [Central Act 63 of 1980 , Sec.8 (w.e.f. 23-9-1980).]

Maharashtra

In section section 478 for the words “to an executive Magistrate shall be construed”, substitute the words”an executive Magistrate in the areas of the state outside Greater Bombay shall be construed”

[Vide  Maharashtra Act 1 of 1978,section 4 (w.e.f. 15-4-1978)]

Ed.This Amendment has been made prior to the enactment of the Code of Criminal Procedure (Amendment) Act ,1980 63. of 1980 , section.8 (w.e.f. 23.9.1980).]

 

 

 

 

 

 

 

 

 

 

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Yash Rohilla

Yash Rohilla

Yash is Law Reasearcher at Juris Law Offices and also work as legal correspondent at My Legal Advisor.

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