Section 478:
Power to alter functions allocated to Executive Magistrate in certain cases.
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 AMENDMENTUnion 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.[Vide Maharashtra Act 1 of 1978, s. 4]
Notes:
1. Subs. by Act 63 of 1980, s. 8, for s. 478 (w.e.f. 23-9-1980).