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Union of India - Section
Section 478 in The Code of Criminal Procedure, 1973
478. [ Power to alter functions allocated to Executive Magistrates in certain cases. [Substituted by Act 63 of 1980, Section 8 for Section 478 (w.e.f. 23-9-1980).]
- 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.]| 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 Section 478, the words "if the State Legislature by a resolution so requires", shall be omitted. [Vide Regulation 1 of 1974 (w.e.f. 30th March, 1974].MAHARASHTRA.- In Section 478 of the said Code, in clause (b), for the words "to an Executive Magistrate shall be construed" the words "to an Executive Magistrate in the areas of the State outside Greater Bombay shall be construed" shall be substituted.[Vide Maharashtra Act 1 of 1978, Section 4 with effect from 15.4.1978] |