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 AMENDMENT
Union territories of Andaman and Nicobar Islands, Dadra and
Nagar Haveli and Lakshadweep
In the Code, as it applies to the Union territories to which
this Regulation extends, in sections, 478, the words "if the
State Legislature by a resolution so requires." Shall be
omitted.
[Vide The Code of Criminal Procedure (Amendment) Regulation, 1974 Act (1 of 1974) s. 6.]
Maharashtra
Amendment of section 478 of Act 2 of 1974.—In section 478 of the
said Code, in clause (b), for the words "to and Executive
Magistrate shall be construed" the words "to and Executive
Magistrate in the areas of the State outside Greater Bombay
shall be construed" shall be substituted.
[Vide Maharashtra Act 1 of 1978, s. 4]
MISCELLANEOUS