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Section478
The Code of Criminal Procedure, 1973

Power to alter functions allocated to Executive Magistrates in certaincases

Repealed From 01 Apr 1974 Act 2 of 1974 As on 17 Oct 2026

Act 2 of 1974 Ministry Home Affairs Enacted 25 Jan 1974 In force 01 Apr 1974

This provision is repealed. Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024. It is reproduced because conduct before that date is still charged, tried and appealed under it.

Section 478 of the Code of Criminal Procedure, 1973 deals with power to alter functions allocated to Executive Magistrates in certaincases. Power to alter functions allocated to Executive Magistrates in certain cases. The Act came into force on 01 Apr 1974. Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.

Power to alter functions allocated to Executive Magistrates 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.]

Section 478, The Code of Criminal Procedure, 1973 (Act 2 of 1974).

Now in the Bharatiya Nagarik Suraksha Sanhita

BNSS 524 Power to alter functions allocated to Executive Magistrate in certain cases Close, with changes 84%

Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.

Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.

Cross-references

Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.

This section refers to

  1. s. 108 Security for good behaviour from persons disseminating seditiousmatters
  2. s. 109 Security for good behaviour from suspected persons
  3. s. 110 Security for good behaviour from habitual offenders
  4. s. 145 Procedure where dispute concerning land or water is likely to causebreach of peace
  5. s. 147 Dispute concerning right of use of land or water

Questions about Section 478

What does Section 478 of the Code of Criminal Procedure deal with?

Section 478 of the Code of Criminal Procedure is headed "Power to alter functions allocated to Executive Magistrates in certaincases". Power to alter functions allocated to Executive Magistrates in certain cases.

How do I find court cases under Section 478 of the Code of Criminal Procedure?

In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: CRPC 478, section 478 CRPC, section 478 of the Code of Criminal Procedure. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.

What should I read with Section 478 of the Code of Criminal Procedure, and has it changed?

Its own text turns on section 108 (Security for good behaviour from persons disseminating seditiousmatters), section 109 (Security for good behaviour from suspected persons), section 110 (Security for good behaviour from habitual offenders), section 145 (Procedure where dispute concerning land or water is likely to causebreach of peace), and on 1 further provision, so none of them can safely be read on its own. For anything done on or after 1 July 2024 the provision to read is BNSS 524 (Power to alter functions allocated to Executive Magistrate in certain cases), which replaced it; conduct before that date is still charged, tried and appealed under this section.

When did Section 478 of the Code of Criminal Procedure come into force?

Section 478 of the Code of Criminal Procedure, cited as CRPC 478, came into force on 01 Apr 1974, having been enacted on 25 Jan 1974. It is no longer in force.

Other sections of this Act

Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Recovered from the consolidated text published by India Code (item 330a1099-77ad-4a2e-b22a-769b33398f9e). This page is not a substitute for legal advice.