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Section 478 — Power to alter functions allocated to judicial and Executive Magistrates in certain cases
478
478
Power to alter functions allocated to judicial and Executive Magistrates in certain cases
Code of Criminal Procedure, 1973
Chapter XXXVII Miscellaneous
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Reviewed by Advocate Aditi Babbar, Seasoned Advocate · Practicing since 31 years
📅 Updated 2026-04-10📚 Source: The Gazette of India
MagistrateCourt ProcedureGovernment PowersAdministrative Law
🗣️ Simple Explanation
What does this law say? Section 478 of the CrPC allows the State Government to change the roles of Judicial and Executive Magistrates. This happens if the State Legislature wants it and after talking to the High Court. This is done through an official notice.
Why does this law exist? This law helps the government manage the workload of different types of magistrates. It ensures that justice is delivered efficiently. It allows for flexibility in the legal system.
Real-life impact This section impacts how cases are handled. It can affect which magistrate hears a case. This can influence the speed and process of legal proceedings. It ensures the right magistrate handles the right type of case.
What happens if you break this law? This section doesn't directly punish anyone. It's about how the government can organize the court system. It doesn't involve breaking any specific rules.
💡 Real Life Example

The State Government, after consulting the High Court, decides to shift some powers from Judicial Magistrates to Executive Magistrates. This is done to speed up the handling of certain types of cases. This change is announced through an official notification.

The government might decide to change which magistrate handles cases related to public order. This is done to ensure that the right magistrate is dealing with the right type of situation. This helps in maintaining peace and order.

🛡️ KNOW YOUR RIGHTS
  • •Understand the roles of different magistrates.
  • •Know that the government can change magistrate roles.
  • •Be aware of how this affects your case.
  • •Consult a lawyer if you have questions about your case.
❓ FREQUENTLY ASKED QUESTIONS
Section 478 of the CrPC allows the State Government to change the roles of Judicial and Executive Magistrates. This happens after the State Legislature requests it and after consulting the High Court. This is done through an official notice. It helps manage the workload of magistrates.
No, Section 478 itself does not have a punishment. It is about the administrative powers of the government to manage the court system. It doesn't involve breaking any specific rules. It's about how cases are assigned to different magistrates.
Sources & References

📒 Legal text sourced from The Gazette of India & AdvocateKhoj Bare Acts Library

⚖️ Content reviewed by Advocate Aditi Babbar, Seasoned Advocate, with 31 years of legal practice

📚 Act Reference: Code of Criminal Procedure, 1973

Disclaimer: This content is for informational purposes only and does not constitute legal advice. Consult a qualified advocate for specific legal matters.

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