Section 524 BNSS: Power to Alter Functions Allocated to Executive Magistrate in Certain Cases

Section 524 of the Bharatiya Nagarik Suraksha Sanhita, 2023 gives a State Government a conditional power to shift specified functions from an Executive Magistrate to a Judicial Magistrate of the first class. The power is not automatic: it depends on a resolution of the State Legislative Assembly, consultation with the High Court and a State Government notification.

Text of Section 524, Bharatiya Nagarik Suraksha Sanhita, 2023

524. 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.

The Bharatiya Nagarik Suraksha Sanhita, 2023 is Act No. 46 of 2023. It was enacted on 25 December 2023 and, subject to the notified exception, came into force on 1 July 2024.

What Section 524 Means

Ordinarily, the provisions named in Section 524 refer to an Executive Magistrate. Section 524 creates a mechanism by which a State may reallocate those functions to a Judicial Magistrate of the first class. The change operates only when the statutory preconditions are satisfied and the State Government issues the required notification.

Three-stage statutory requirement
  1. The Legislative Assembly of the State must permit the change by resolution.
  2. The State Government must consult the High Court.
  3. The State Government must issue a notification directing that the specified references to an Executive Magistrate are to be read as references to a Judicial Magistrate of the first class.

BNSS Sections Covered by Section 524

The power is limited to the provisions expressly named in Section 524. These deal with preventive security proceedings and disputes concerning land or water that may affect public peace.

Section 127
Security for good behaviour from persons disseminating certain matters Section 128
Security for good behaviour from suspected persons Section 129
Security for good behaviour from habitual offenders Section 164
Procedure where dispute concerning land or water is likely to cause breach of peace Section 166
Dispute concerning right of use of land or water

Executive Magistrate and Judicial Magistrate: Practical Distinction

Under the BNSS framework, Executive Magistrates form part of the executive magistracy constituted by the State Government, while Judicial Magistrates exercise judicial criminal-court functions. Section 524 does not generally merge the two systems. It permits only the identified statutory functions to be reassigned in the manner specified by the section.

Accordingly, the legal effect of Section 524 in any State depends on whether the State Legislative Assembly has passed the required resolution and whether a valid notification has thereafter been issued following consultation with the High Court.

Corresponding Provision in the Code of Criminal Procedure, 1973

Section 524 BNSS corresponds to Section 478 of the Code of Criminal Procedure, 1973. The essential mechanism remains the same, while the internal cross-references have been updated to the corresponding BNSS provisions.

Old CrPC references: Sections 108, 109, 110, 145 and 147.
BNSS references: Sections 127, 128, 129, 164 and 166.

Why Section 524 Is Important

The section provides institutional flexibility to a State while retaining judicial safeguards. A State cannot unilaterally transfer the listed functions merely by executive instruction. Legislative permission, High Court consultation and a formal notification are all built into the statutory design.

For lawyers and litigants, the first question in a proceeding under Sections 127, 128, 129, 164 or 166 should therefore be whether any Section 524 notification applicable to the State or territory has altered the magistrate competent to exercise the relevant function.

Official Legal Sources

For the current statutory text and commencement information, refer to the official India Code entry for the Bharatiya Nagarik Suraksha Sanhita, 2023 and the Ministry of Home Affairs - New Criminal Laws page.

Related BNSS Provisions

Section 521 - Delivery to commanding officers of persons liable to be tried by Court-martial Section 522 - Forms Section 523 - Power of High Court to make rules Section 525 - Cases in which Judge or Magistrate is personally interested Section 526 - Practising advocate not to sit as Magistrate in certain Courts Section 527 - Public servant concerned in sale not to purchase or bid for property Section 528 - Saving of inherent powers of High Court Section 529 - Duty of High Court to exercise continuous superintendence over Courts Section 530 - Trial and proceedings to be held in electronic mode Section 531 - Repeal and savings

Legal information note: This page explains the statutory provision for general information. Applicability in a particular State may depend on State resolutions, notifications, amendments and judicial decisions in force at the relevant time.