Section 478 CrPC: Power to Alter Functions of Executive Magistrates
Section 478 of the Code of Criminal Procedure, 1973 empowered a State Government, subject to specified safeguards, to assign certain functions ordinarily exercised by Executive Magistrates to Judicial Magistrates of the first class. Its corresponding provision under the current criminal procedure law is Section 524 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
Text of Section 478 CrPC
The provision, as substituted by Act 63 of 1980, Section 8, with effect from 23 September 1980, stated:
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.
Official source: Code of Criminal Procedure, 1973 (India Code PDF).
Meaning and legal effect
Section 478 was an enabling provision concerning the allocation of jurisdiction. It did not automatically transfer powers throughout a State. A State Legislative Assembly resolution permitting the change, consultation with the jurisdictional High Court, and a State Government notification were necessary under the central provision.
Where validly invoked, the specified references to an Executive Magistrate were read as references to a Judicial Magistrate of the first class. The provision concerned the designated statutory functions, not a general conversion of all Executive Magistrate powers into judicial powers.
Definitions and important terms
- Executive Magistrate: A magistrate appointed to perform executive and preventive functions under the criminal procedure framework.
- Judicial Magistrate of the first class: A judicial officer empowered to exercise functions assigned by criminal procedure law.
- Notification: The formal governmental instrument through which the authorised change is directed.
- High Court consultation: A statutory prerequisite to the State Government exercising this particular enabling power.
Proceedings covered by the former provision
| CrPC section | Subject |
|---|---|
| 108 | Security for good behaviour from persons disseminating specified objectionable matters |
| 109 | Security for good behaviour from suspected persons |
| 110 | Security for good behaviour from habitual offenders |
| 145 | Procedure where a dispute concerning land or water is likely to cause a breach of the peace |
| 147 | Dispute concerning right of use of land or water |
Corresponding law: Section 524 BNSS, 2023
Section 524 of the BNSS continues the mechanism for altering specified functions of Executive Magistrates. It refers to Sections 127, 128, 129, 164 and 166 BNSS in place of the corresponding CrPC provisions.
524. 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 127, 128, 129, 164 and 166 to an Executive Magistrate shall be construed as references to a Judicial Magistrate of the first class.
See the official India Code portal for the Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023), and the official NCRB CrPC-BNSS section correspondence table.
Corresponding section numbers
| CrPC, 1973 | BNSS, 2023 |
|---|---|
| Section 108 | Section 127 |
| Section 109 | Section 128 |
| Section 110 | Section 129 |
| Section 145 | Section 164 |
| Section 147 | Section 166 |
| Section 478 | Section 524 |
Repeal, savings and pending proceedings
Section 531(1) BNSS repeals the CrPC, 1973. Section 531(2)(a) provides, among other things, for an appeal, application, trial, inquiry or investigation pending immediately before commencement to continue or be disposed of under the former CrPC. Other savings provisions may also apply. The governing procedural law should therefore be determined from the nature and timing of the proceeding and the statutory savings, rather than solely from the date of an alleged offence.
Historical State and Union Territory amendments
Andaman and Nicobar Islands, Dadra and Nagar Haveli and Lakshadweep
The Code of Criminal Procedure (Amendment) Regulation, 1974 (Regulation 1 of 1974), Section 6, omitted the words concerning a State Legislature resolution in Section 478 as applicable to the specified Union Territories. The historical amendment used wording from an earlier version of Section 478. Its relevance to any saved proceeding must be checked against the applicable territorial law and subsequent legislative changes.
Maharashtra
Maharashtra Act 1 of 1978, Section 4, amended the earlier version of Section 478 so that the specified substitution of references to Executive Magistrates was qualified by the words in the areas of the State outside Greater Bombay. That amendment preceded the central substitution of Section 478 by Act 63 of 1980. Its historical text should not be assumed to govern current BNSS proceedings without checking later applicable legislation and notifications.
Historical legislative note: Section 478 CrPC was substituted by the Code of Criminal Procedure (Amendment) Act, 1980 (Act 63 of 1980), Section 8, effective 23 September 1980.
Practical significance
When considering which magistrate has jurisdiction, identify the applicable procedural statute, check whether a valid State Government notification has been issued after the required legislative permission and High Court consultation, and confirm that the proceeding falls within one of the specifically listed sections. For pre-commencement proceedings, examine Section 531 BNSS and any relevant saved notifications or local amendments.
Frequently asked questions
Is Section 478 CrPC still in force?
No. The CrPC was repealed from 1 July 2024, subject to the savings under Section 531 BNSS. Section 524 BNSS is the corresponding current provision.
Can a State Government transfer every Executive Magistrate function to a Judicial Magistrate?
No. The statutory power concerns only the sections expressly listed and is subject to the prescribed prerequisites.
Does the transfer happen automatically after a State Assembly resolution?
No. The law also requires High Court consultation and a State Government notification.
Official references
- India Code: Code of Criminal Procedure, 1973
- India Code: Central legislation and BNSS, 2023
- National Crime Records Bureau: CrPC and BNSS corresponding sections
This article provides general statutory information. For a particular matter, consult the applicable notifications, territorial amendments, savings provisions and current official legislative text.