CrPC Sections 476, 477 and 478: Forms, High Court Rule-Making Power and Executive Magistrate Functions
Sections 476, 477 and 478 formed part of Chapter XXXVII, "Miscellaneous", of the Code of Criminal Procedure, 1973. They dealt respectively with statutory forms, the High Court's power to make specified procedural rules, and the State Government's power in certain circumstances to transfer specified Executive Magistrate functions to a Judicial Magistrate of the first class.
Section 476 CrPC - Forms
Statutory provision: Subject to the power conferred by Article 227 of the Constitution, the forms set out in the Second Schedule to the CrPC could be used for the purposes mentioned in that Schedule, with variations required by the circumstances of an individual case. When so used, the forms were treated as sufficient.
Meaning and effect
Section 476 provided statutory recognition to the procedural forms contained in the Second Schedule. The provision did not require a form to be reproduced mechanically in every case. It expressly allowed variations according to the circumstances, while remaining subject to the High Court's constitutional power of superintendence under Article 227.
Section 477 CrPC - Power of High Court to make rules
Section 477 empowered every High Court, with the previous approval of the State Government, to make rules on specified matters connected with criminal courts subordinate to it.
The rule-making subjects included:
(a) persons who could be permitted to act as petition-writers in subordinate Criminal Courts;
(b) issue of licences to petition-writers, conduct of their business and the scale of fees chargeable by them;
(c) penalties for contravention of such rules and identification of the authority competent to investigate contraventions and impose penalties; and
(d) any other matter required to be, or capable of being, prescribed.
Under sub-section (2), rules made under Section 477 were required to be published in the Official Gazette.
Why previous State Government approval mattered
The statutory power was not framed as an unrestricted unilateral rule-making power. Section 477 expressly required previous approval of the State Government. Publication in the Official Gazette was also expressly required by sub-section (2).
Section 478 CrPC - Power to alter functions allocated to Executive Magistrate in certain cases
Section 478 created a mechanism under which specified functions ordinarily assigned to an Executive Magistrate could, if the statutory conditions were satisfied, be made exercisable by a Judicial Magistrate of the first class.
The provision required a resolution of the Legislative Assembly of the State permitting the change. The State Government could then, after consultation with the High Court and by notification, direct that references to an Executive Magistrate in Sections 108, 109, 110, 145 and 147 CrPC be construed as references to a Judicial Magistrate of the first class.
The section therefore depended on the prescribed legislative, consultative and notification steps; it did not itself automatically substitute Judicial Magistrates for Executive Magistrates throughout India.
State amendments retained from the original page
Specified Union Territories
The original page records an amendment applicable to the Union Territories of Andaman and Nicobar Islands, Dadra and Nagar Haveli and Lakshadweep, referring to the Code of Criminal Procedure (Amendment) Regulation, 1974 (1 of 1974), section 6, concerning the State Legislature resolution wording in Section 478.
Maharashtra
The original page also records a Maharashtra amendment to Section 478 under Maharashtra Act 1 of 1978, section 4, concerning references to an Executive Magistrate in areas outside Greater Bombay.
State amendments can depend on territorial application and later legislative changes. For a proceeding in a particular State or Union Territory, the applicable local amendment and notification should be checked separately.
Position after commencement of the BNSS
| CrPC provision | Subject | Corresponding BNSS provision |
|---|---|---|
| Section 476 | Forms | Section 522 |
| Section 477 | Power of High Court to make rules | Section 523 |
| Section 478 | Power to alter functions allocated to Executive Magistrate in certain cases | Section 524 |
The BNSS came into force on 1 July 2024. This page remains useful for matters governed by the earlier CrPC regime and for understanding the predecessor provisions, but current proceedings should be checked against the BNSS and its repeal and savings clause.
Related CrPC provisions
Sections 474 and 475 CrPC - Trials before High Courts and delivery to commanding officers
Sections 482, 483 and 484 CrPC - Inherent powers, superintendence, repeal and savings