Section 38A in The Code of Criminal Procedure, 1989 (1933 A. D.)
38A. [ Powers on Judicial Magistrates to be conferred by the High Court. [Section 38-A inserted by Act XL of 1966.]
- Whenever, under any provisions of this Code or of any law for the time bring in force relating to any of the matters in respect of which the State Legislature can make laws for the State either by itself or concurrently with the Parliament of India, any judicial powers are to be conferred on a Sessions Judge or an Additional or Assistant Sessions Judge or Chief Judicial Magistrate or any other Judicial Magistrate or any such Magistrate is to be specially empowered to exercise such powers, the orders conferring such powers or empowering the exercise of such powers shall unless otherwise provided in such law, be made by the High Court.Explanation. - For the purposes of this section the question whether any powers are judicial shall be decided by the High Court and such decision shall be final.]D. - Conferment, Continuance and Cancellation of Powers.
