Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 526: 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 127, 128, 129, 164 and 166 to an Executive Magistrate shall be construed as references to a Judicial Magistrate of the first class.
Brefe Detail
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.
Question & Answers
What does Section 526 allow the State Government to do?
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.
What condition must be met for the State Government to make this alteration?
The Legislative Assembly of the State must permit this change by a resolution.
Is consultation required before making this alteration?
Yes, the State Government must consult with the High Court before issuing the notification.
Which sections are mentioned in relation to this alteration?
The sections mentioned are 127, 128, 129, 164, and 166.
Example
- Example 1: If the Legislative Assembly resolves to change the designation, a reference in Section 128 that originally mentioned an Executive Magistrate will now refer to a Judicial Magistrate of the first class.
- Example 2: A case that would typically be handled by an Executive Magistrate may now be handled by a Judicial Magistrate, following the alteration approved by the Legislative Assembly.
Summary
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.
