Section 524 of the Bharatiya Nagarik Suraksha Sanhita, 2023 allows the State Government to transfer certain functions assigned to an Executive Magistrate to a Judicial Magistrate of the first class. This power can be exercised only when the Legislative Assembly of the State permits it by resolution and after consultation with the High Court.
Statutory Provision
Section 524 — 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 127, 128, 129, 164 and 166 to an Executive Magistrate shall be construed as references to a Judicial Magistrate of the first class.
Meaning of Section 524
Section 524 provides a mechanism for changing the authority responsible for certain proceedings under BNSS. Ordinarily, the specified provisions refer to an Executive Magistrate. However, the State Government may direct that these references shall be understood as references to a Judicial Magistrate of the first class.
The provision does not automatically transfer these functions. The statutory conditions must first be satisfied.
Essential Elements
1. Resolution of the Legislative Assembly
The Legislative Assembly of the State must permit the exercise of this power by passing a resolution.
This is a necessary condition. The State Government cannot exercise the power under Section 524 without such permission.
2. Consultation with the High Court
Before issuing a notification, the State Government must consult the High Court.
The provision therefore requires institutional consultation before the transfer of functions is made.
3. Notification by the State Government
The State Government must issue a notification directing that references to an Executive Magistrate in the specified sections shall be construed as references to a Judicial Magistrate of the first class.
The change takes effect through this notification.
4. Specified BNSS Provisions
The power applies only to references contained in Sections 127, 128, 129, 164 and 166 of BNSS.
It does not authorise a general transfer of all functions of Executive Magistrates.
Functions Covered by Section 524
Section 127 — Security for Good Behaviour from Persons Disseminating Certain Matters
This provision concerns proceedings requiring security for good behaviour from persons disseminating certain matters.
Section 128 — Security for Good Behaviour from Suspected Persons
This provision concerns proceedings relating to suspected persons from whom security for good behaviour may be required.
Section 129 — Security for Good Behaviour from Habitual Offenders
This provision concerns proceedings relating to habitual offenders and the requirement of security for good behaviour.
Section 164 — Procedure Where Dispute Concerning Land or Water is Likely to Cause Breach of Peace
This provision deals with disputes concerning land or water where there is a likelihood of breach of peace.
Section 166 — Dispute Concerning Right of Use of Land or Water
This provision deals with disputes concerning the right of use of land or water.
Procedure Under Section 524
The procedure may be understood as follows:
- The Legislative Assembly of the State passes a resolution permitting the exercise of the power.
- The State Government consults the High Court.
- The State Government issues a notification.
- The notification directs that references to an Executive Magistrate in Sections 127, 128, 129, 164 and 166 shall be construed as references to a Judicial Magistrate of the first class.
- The specified functions are thereafter exercised according to the notification.
Nature of the Power
Section 524 confers a conditional statutory power on the State Government.
The power is:
- Discretionary, because the State Government may exercise it.
- Conditional, because the Legislative Assembly must first permit it.
- Subject to consultation, because the High Court must be consulted.
- Limited in scope, because it applies only to the specified sections.
- Exercised by notification, because the change must be formally directed by the State Government.
Important Distinction
Executive Magistrate and Judicial Magistrate of the First Class
An Executive Magistrate and a Judicial Magistrate of the first class perform different functions within the criminal justice system.
An Executive Magistrate generally exercises executive and preventive powers, while a Judicial Magistrate of the first class exercises judicial powers under criminal procedure.
Section 524 permits the State Government, subject to the statutory conditions, to direct that references to an Executive Magistrate in the specified provisions shall be construed as references to a Judicial Magistrate of the first class.
BNSS and CrPC
Section 524 corresponds to Section 478 of the Code of Criminal Procedure, 1973.
The earlier CrPC provision permitted the State Government, after consultation with the High Court and subject to the State Legislature’s resolution, to alter the allocation of certain functions between Judicial Magistrates and Executive Magistrates.
Under BNSS, Section 524 retains the power to alter the functions allocated to an Executive Magistrate in the specified provisions. However, the wording and section references have been updated to reflect the BNSS framework.
Example
Suppose the Legislative Assembly of a State passes a resolution permitting the transfer of certain functions. After consulting the High Court, the State Government issues a notification under Section 524.
The notification directs that references to an Executive Magistrate in Section 164 shall be construed as references to a Judicial Magistrate of the first class.
In that State, the function covered by the notification under Section 164 may therefore be exercised by a Judicial Magistrate of the first class instead of an Executive Magistrate.
Important BNSS Provisions
- 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.
- Section 524 — Power to alter functions allocated to Executive Magistrate in certain cases.
Quick Revision
- Section 524 deals with the alteration of certain functions allocated to an Executive Magistrate.
- The State Government may exercise this power only if the Legislative Assembly permits it by resolution.
- Consultation with the High Court is required.
- The change must be made by notification.
- The notification may direct that references to an Executive Magistrate in Sections 127, 128, 129, 164 and 166 shall be construed as references to a Judicial Magistrate of the first class.
- The provision does not automatically transfer all functions of Executive Magistrates.
- Section 524 corresponds to Section 478 of the CrPC.
ALSO READ: Section 523 – Power of High Court to make rules
Conclusion
Section 524 of BNSS provides a controlled mechanism for altering the allocation of certain criminal procedural functions. By requiring legislative permission, consultation with the High Court and a formal notification, it ensures that the transfer of functions takes place within a defined statutory framework.
