Section 478: Power to alter functions allocated to Executive Magistrate in certain cases
The Code of Criminal Procedure, 1973Central Act · 1973
Repealed. This text is published for reference. It is not in force, and it should not be relied on as current law without checking what replaced it. Repealed by the Bharatiya Nagarik Suraksha Sanhita, 2023, with effect from 1 July 2024
1[478. 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 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
Union territories of Andaman and Nicobar Islands, Dadra and Nagar Haveli and Lakshadweep
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 The Code of Criminal Procedure (Amendment) Regulation, 1974 Act (1 of 1974) s. 6.]
Maharashtra
Amendment of section 478 of Act 2 of 1974.--In section 478 of the said Code, in clause (b), for the words "to and Executive Magistrate shall be construed" the words "to and Executive Magistrate in the areas of the State outside Greater Bombay shall be construed" shall be substituted.
