What is Forms? What are the Power of High Court to make rules? What is Power to alter functions allocated to Executive Magistrate in certain cases? Section 476, 477 and 478 of Code of Criminal Procedure 1973

Forms, Power of High Court to make rules and Power to alter functions allocated to Executive Magistrate in certain cases are defined under Section 476, 477 and 478 of CRPC 1973. Provisions under these sections are:

Section 476 of CRPC "Forms"

Subject to the power conferred by Article 227 of the Constitution, the forms set forth in the Second Schedule, with such variations as the circumstances of each case require, may be used for the respective purposes therein mentioned, and if used shall be sufficient.

 

Section 477 of CRPC "Power of High Court to make rules"

(1) Every High Court may, with the previous approval of the State Government, make rules.

(a) as to the persons who may be permitted to act as petition writers in the Criminal Courts subordinate to it;

(b) regulating theissue of licences to such persons, the conduct of business by them, and the scale of fees to be charged by them;

(c) providing a penalty for a contravention of any of the rules so made and determining the authority by which such contravention may be investigated and the penalties imposed;

(d) any other matter which is required to be, or may be, prescribed.

(2) All rules made under this section shall be published in the Official Gazette.

Section 478 of CRPC "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 108, 109, 110, 145 and 147 to an Executive Magistrate shall be construed as references to a Judicial Magistrate of the first class.

STATE AMENDMENTS

Andaman and Nicobar Islands ; Dadra and Nagar Haveli, Lakshadweep Islands :- In Section 478, the words "if the State Legislature by a resolution so requires" shall be omitted Regn. 1 of 1974, w.e.f. 30-3-1974.

Maharashtra - For the words "to an Executive Magistrate shall be construed", substitute the words "to an Executive Magistrate in the areas of the State outside Greater Bombay shall be construed", Maharashtra Act 1 of 1978, w.e.f. 15-4-1978.

MISCELLANEOUS

What is Trials before High Courts? What is Delivery to commanding officers of persons liable to be tried by Court-martial? Section 474 and 475 of Code of Criminal Procedure 1973

What is Forms? What are the Power of High Court to make rules? What is Power to alter functions allocated to Executive Magistrate in certain cases? Section 476, 477 and 478 of Code of Criminal Procedure 1973

What is the procedure for case in which Judge or Magistrate is personally interested? Practicing pleader not to sit as Magistrate in certain Courts? Public servant concerned in sale not purchase or bid for property? Section 479, 480 and 481 of Code of Criminal Procedure 1973

What is Saying of inherent powers of High Court? What is Duty of High Court to exercise continuous superintendence over Courts of Judicial Magistrates? What is Repeal and savings? Section 482, 483 and 484 of Code of Criminal Procedure 1973

 

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