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Code of Criminal Procedure, 1973

Section 478

Power to alter functions allocated to Executive Magistrates in certain cases

Quick Answer Reference: Section 478 CrPC

  • Provision: Section 478 of CrPC
  • Act: Code of Criminal Procedure, 1973
  • Classification: criminal procedure
  • Jurisdiction: India
Statutory Content

What does Section 478 of CrPC say?

If the Legislative Assembly of a State by a resolution so permits, the State Government may, after consultation with 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.

Indian StandardSection 478, Code of Criminal Procedure, 1973
Bluebook (21st ed.)Code of Criminal Procedure, 1973, § 478 (India)
Court Pleading StandardSection 478 of the Code of Criminal Procedure, 1973
Canonical Web linkhttps://nyaya.cloud/acts/code-of-criminal-procedure-1973/478

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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗
People Also Ask (PAA)

Common Questions about Section 478 CrPC

What is Section 478 of CrPC?

Section 478 of the Code of Criminal Procedure, 1973 (CrPC) defines and regulates "Power to alter functions allocated to Executive Magistrates in certain cases". The section states: If the Legislative Assembly of a State by a resolution so permits, the State Government may, after consultation with High Court, by notification, direct that references in sections...

What is the punishment under Section 478 of CrPC?

Section 478 of CrPC does not prescribe a specific criminal punishment, or it is a procedural provision.

Is Section 478 of CrPC bailable or non-bailable?

Whether Section 478 of CrPC is bailable or non-bailable depends on the schedule classification.

Landmark Case Laws

Landmark Judgments under Section 478 CrPC

2014 8 SCC 273

Supreme Court of India

1978 1 SCC 248

Supreme Court of India

Patnahcucisdb94 High Court (10 8)

Patnahcucisdb94 High Court (10 8)

Patnahcucisdb94 High Court (10 8)