Bharatiya Nagarik Suraksha Sanhita

Section 524

Power to alter functions allocated to Executive Magistrate in certain cases

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⚡ Quick Answer Reference: Section 524 BNSS

Provision: Section 524 of BNSS
Act: Bharatiya Nagarik Suraksha Sanhita
Classification: MISCELLANEOUS
Jurisdiction: India
Summary: This section allows a State Government to change who handles certain tasks, from an Executive Magistrate to a Judicial Magistrate of the first class, if the State's Legislative Assembly agrees and after consulting the High Court.

Statutory Content

What does Section 524 of BNSS say?

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 127, 128, 129, 164 and 166 to an Executive Magistrate shall be construed as references to a Judicial Magistrate of the first class.

Indian StandardSection 524, Bharatiya Nagarik Suraksha Sanhita

Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 524 (India)

Court Pleading StandardSection 524 of the Bharatiya Nagarik Suraksha Sanhita

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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗

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Section Meaning & Purpose

What does Section 524 of BNSS mean?

Plain English Explanation

This section allows a State Government to change who handles certain tasks, from an Executive Magistrate to a Judicial Magistrate of the first class, if the State's Legislative Assembly agrees and after consulting the High Court.

Practical Interpretation

In practice, this means that the State Government can redirect responsibilities, with the Legislative Assembly's permission and High Court's consultation, affecting how sections 127, 128, 129, 164, and 166 are applied.

Core Legal Purpose

The core purpose is to provide flexibility in the allocation of judicial functions, allowing for adjustments based on specific state needs and circumstances, ensuring efficient administration of justice.

Key Legal Elements

•The Legislative Assembly of a State must pass a resolution permitting the change.
•The State Government must consult with the High Court before making the change.
•The change affects references to an Executive Magistrate in specific sections, redirecting them to a Judicial Magistrate of the first class.
•The High Court's consultation is a key requirement, ensuring judicial oversight.

Practical Example

Practical Example of Section 524 BNSS

For instance, in the state of Maharashtra, the Legislative Assembly passes a resolution allowing the State Government to alter the functions of Executive Magistrates. After consulting the Bombay High Court, the State Government issues a notification directing that in sections 127, 128, 129, 164, and 166, references to Executive Magistrates will now be construed as references to Judicial Magistrates of the first class. This change streamlines judicial processes in Maharashtra, potentially improving the efficiency of legal proceedings.

Common Questions (FAQ)

Frequently Asked Questions about Section 524 BNSS

Q: What is the punishment or consequence under Section 524 of BNSS?

This section is a procedural provision and does not prescribe a penal punishment.

Q: Does this section apply to private individuals or public entities?

This section applies to the functioning of the State Government and its interaction with the judiciary, particularly in how magisterial duties are allocated.

Q: Is an offence under this section bailable or cognizable?

This section does not deal with offences, being a procedural provision regarding the allocation of judicial functions.

Common Questions about Section 524 BNSS

What is Section 524 of BNSS?

Section 524 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Power to alter functions allocated to Executive Magistrate in certain cases". In plain terms: This section allows a State Government to change who handles certain tasks, from an Executive Magistrate to a Judicial Magistrate of the first class, if the State's Legislative Assembly agrees and after consulting the High Court.

What is the punishment under Section 524 of BNSS?

Section 524 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.

Is Section 524 of BNSS bailable or non-bailable?

Whether Section 524 of BNSS is bailable or non-bailable depends on the schedule classification.

What are the elements of Section 524 of BNSS?

The essential elements of Section 524 of BNSS are: The Legislative Assembly of a State must pass a resolution permitting the change.; The State Government must consult with the High Court before making the change.; The change affects references to an Executive Magistrate in specific sections, redirecting them to a Judicial Magistrate of the first class..

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