Section 524 of BNSS : Section 524: Power to alter functions allocated to Executive Magistrate in certain cases.
BNSS
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Explanation using Example
Example 1:
In the state of Maharashtra, the Legislative Assembly passes a resolution allowing the state government to alter the functions of Executive Magistrates. After consulting with the High Court, the Maharashtra government issues a notification stating that in the context of handling unlawful assemblies (Section 129), the term "Executive Magistrate" will now refer to a "Judicial Magistrate of the first class." This means that in cases where police need to disperse an unlawful assembly, they will now seek orders from a Judicial Magistrate of the first class instead of an Executive Magistrate.
Example 2:
In Karnataka, the Legislative Assembly permits the state government to change the roles of Executive Magistrates. Following consultation with the High Court, the Karnataka government notifies that for the purpose of recording confessions (Section 164), the term "Executive Magistrate" will be replaced with "Judicial Magistrate of the first class." As a result, when a person in police custody wishes to confess to a crime, the confession must now be recorded by a Judicial Magistrate of the first class rather than an Executive Magistrate.