Code of Criminal Procedure, 1973
Code of Criminal Procedure, 1973
XXXVII · Section 478

Power to alter functions allocated to Executive Magistrate in certain cases

Synced on 04 Jul 2026Text as per India Code

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.]

Judgments on Section 478