Section 524 BNSS: Power to alter functions allocated to Executive Magistrate in certain cases (Formerly Section 478 CrPC)

Section 524 of Bharatiya Nagarik Suraksha Sanhita, 2023: Power to alter functions allocated to Executive Magistrate in certain cases

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

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.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Inquiry Sec 2(1)(g) Investigation Sec 2(1)(h) Victim Sec 2(1)(w)

Legal Commentary & Landmark Judgments: Section 524

Section 524 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 478 of the CrPC, 1973) empowers State Legislatures to alter the allocation of functions between Judicial Magistrates and Executive Magistrates in certain public order cases.

Legislative Re-allocation Power: If the State Legislature passes a resolution to that effect, the State Government may, after consultation with the High Court, by notification, direct that references to Executive Magistrates in certain specified sections shall be construed as references to Judicial Magistrates.
Separation of Judiciary and Executive: Reinforces the constitutional directive of Article 50 separating the judiciary from the executive in criminal administration.
Judicial Primacy: Ensures that where personal liberty is threatened, judicial oversight can be expanded over executive magisterial powers.

Key Landmark Precedents:

Kartar Singh v. State of Punjab, (1994) 3 SCC 569: The Supreme Court analyzed the separation of judicial and executive powers under the Code, holding that judicial functions involving adjudication of guilt or liberty must be vested exclusively in Judicial Magistrates.
Madhu Limaye v. SDM Monghyr, (1970) 3 SCC 746: Discussed the statutory boundaries separating executive maintenance of peace from judicial adjudication.

Courtroom Practice & Strategic Litigation Guidance:

Verify whether your State has issued notifications under Section 524 reallocating Chapter XI preventive detention or Section 148 land dispute powers from Executive Magistrates to Judicial Magistrates.