- 17-May-2025
- Transportation and Traffic Laws
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.
Section 526 of the Bharatiya Nagarik Suraksha Sanhita, 2023, allows the State Government to alter the functions allocated to an Executive Magistrate by reclassifying references to them as references to a Judicial Magistrate of the first class. This change can occur if the Legislative Assembly permits it through a resolution, and it requires consultation with the High Court.
It allows the State Government to direct that references to an Executive Magistrate be interpreted as references to a Judicial Magistrate of the first class.
The Legislative Assembly of the State must permit this change by a resolution.
Yes, the State Government must consult with the High Court before issuing the notification.
The sections mentioned are 127, 128, 129, 164, and 166.
Section 526 of the Bharatiya Nagarik Suraksha Sanhita, 2023, provides the State Government with the power to change references from Executive Magistrates to Judicial Magistrates of the first class, contingent upon a resolution from the Legislative Assembly and consultation with the High Court.
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