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.
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).]
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).]