Code: Section 524 BNSS
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.
Explanation of Section 524 BNSS
Section 524 gives the State Government the authority to change the allocation of specific functions between Executive Magistrates and Judicial Magistrates of the First Class.
- Legislative Approval: The State Legislative Assembly must pass a resolution for this change.
- Consultation with High Court: The State Government needs to consult with the High Court before making the change.
- Notification: Once the steps are followed, the State Government will issue a notification to implement the new rule.
- Impact on Specific Sections: This change affects Sections 127, 128, 129, 164, and 166. References to Executive Magistrates in these sections will now apply to Judicial Magistrates of the First Class.
This change aims to improve judicial oversight and accountability. By reallocating responsibilities, the State Government ensures that these critical functions are handled by more qualified judicial officers.
Illustration
Example 1: Changing Magistrate Functions
In a state, the Legislative Assembly passes a resolution allowing the State Government to amend the role of Executive Magistrates in specific cases. The State Government, after consulting the High Court, issues a notification that changes the reference of Executive Magistrates to Judicial Magistrates of the First Class in Sections 127, 128, 129, 164, and 166. This ensures that these duties now fall under judicial supervision, improving the integrity of the judicial process.
Common Questions and Answers on Section 524 BNSS
1. What does Section 524 allow the State Government to do?
- Answer: Section 524 allows the State Government to change the role of Executive Magistrates and allocate those duties to Judicial Magistrates of the First Class, with prior approval from the Legislative Assembly and consultation with the High Court.
2. Which sections of BNSS are affected by Section 524?
- Answer: Sections 127, 128, 129, 164, and 166 are impacted by Section 524, where references to Executive Magistrates will be replaced by Judicial Magistrates of the First Class.
3. Does the State Government need High Court approval to make changes?
- Answer: Yes, the State Government must consult the High Court before issuing a notification to reassign functions between Executive Magistrates and Judicial Magistrates.
4. Why is Section 524 important for the judicial system?
- Answer: Section 524 enhances judicial accountability by ensuring that Judicial Magistrates handle important functions, thereby improving the quality of justice and oversight.
Conclusion
Section 524 of the BNSS allows the State Government to reassign specific duties from Executive Magistrates to Judicial Magistrates of the First Class. This change, which requires Legislative Assembly approval and High Court consultation, enhances judicial accountability and improves the judicial process. By reallocating certain functions, the State Government strengthens the judicial system and ensures better legal oversight.
