Section 478 CrPC: Power to alter functions allocated to Executive Magistrate in certain cases
Code of Criminal Procedure, 1973
Section 478 CrPC at a Glance
Section 478 CrPC deals with power to alter functions allocated to Executive Magistrate in certain cases. From 1 July 2024 it is replaced by Section 524 BNSS.
What Section 478 CrPC Says
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.
Source: Section 478, Code of Criminal Procedure, 1973
Section 478 CrPC in Simple Words
Section 478 of the Code of Criminal Procedure, 1973 is headed Power to alter functions allocated to Executive Magistrate in certain cases.
It states that 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 CrPC to an Executive Magistrate shall be construed as references to a Judicial Magistrate of the first class.
When Section 478 CrPC Applies
- Section 478 CrPC applies if the Legislative Assembly of a State by a resolution so permits.
- Section 478 CrPC names the State Government, which may direct after consultation with the High Court, by notification.
- The direction is that references in Sections 108, 109, 110, 145 and 147 CrPC to an Executive Magistrate shall be construed as references to a Judicial Magistrate of the first class.
Example of Section 478 CrPC
When Section 478 CrPC Does Not Apply
- Section 478 CrPC speaks of references in Sections 108, 109, 110, 145 and 147 CrPC to an Executive Magistrate. It does not deal with Section 107 CrPC, headed Security for keeping the peace in other cases.
- Section 478 CrPC speaks of references in Sections 108, 109, 110, 145 and 147 CrPC to an Executive Magistrate. It does not deal with Section 144 CrPC, headed Power to issue order in urgent cases of nuisance or apprehended danger.
Section 478 CrPC Under BNSS 524: What Changed
Section 478 CrPC is now covered under Section 524 BNSS.
Section 478 of the Code of Criminal Procedure, 1973 is found from 1 July 2024 as Section 524 of the Bharatiya Nagarik Suraksha Sanhita, 2023, with the same heading. The text is the same except for the section numbers named. Section 108 CrPC is Section 127 BNSS, Section 109 CrPC is Section 128 BNSS, Section 110 CrPC is Section 129 BNSS, Section 145 CrPC is Section 164 BNSS and Section 147 CrPC is Section 166 BNSS.
View detailed comparison (CrPC 478 vs BNSS 524) →FAQs on Section 478 CrPC
What may the State Government direct under Section 478 CrPC?▼
Section 478 CrPC states that the State Government may direct that references in Sections 108, 109, 110, 145 and 147 CrPC to an Executive Magistrate shall be construed as references to a Judicial Magistrate of the first class.
Which sections are named in Section 478 CrPC?▼
Section 478 CrPC names Sections 108, 109, 110, 145 and 147 CrPC.
What does Section 478 CrPC say about the High Court?▼
Section 478 CrPC states that the State Government may direct after consultation with the High Court, by notification.
Where is Section 478 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼
From 1 July 2024, Section 478 CrPC has no sub-sections, and maps as a whole to Section 524 BNSS. The sections named in Section 478 CrPC are named in Section 524 BNSS as Sections 127, 128, 129, 164 and 166 BNSS.
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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 21 Oct 2026 ·