Vidhi Codex

EXECUTIVE ~CTJONS ACT. 1964

The Punjab Separation of Judicial and Executive Functions Act, 1964

General19646 of 6 sections available
Read full ActSections

1. Short title, extent and commencement

Statutory text
  1. (1) This Act may be called the Punjab Separation of Judicial and Executive Functions Act, 1964.
  2. (2) It extends to the whole of the State of Haryana.
  3. (3) It shall come into force on such date as the State Government may by notification specify in this behalf; and different dates may be specified for different areas.

2. Amendments to enactments

Statutory text

The Central Acts specified in Parts 1 and II of the Schedule appended to this Act (hereinafter called the Schedule) in their application to the State of Haryana and the Punjab Acts specified in Part III of the Schedule are hereby amended to the extent mentioned in the fourth column of the Schedule.

3. Amendments not to render invalid notifications, orders, etc., issued before commencement of Act

Statutory text

The provisions of this Act which amend any Act specified in the Schedule so as to alter the manner in which, the auhority by which, or the law under or in accordance with which, gny powers are exercisable, shall, noL render invalid any notikation, order, comrnitrrtent, attachment, by-law, rule or regulation, dul'y made or issued or anything duly done before the commencement of this Act; and any such notification, order commitment, attachment, by-law, rule or regulation or thing may be revoked, varicd or undone in the like manner, 10 the Iike extent and in the like circumstances, as if i t had been done after the commencement of this Act by the competent authority and in accordance with the provisions then applicable to such a case.

4. Saving

Statutory text

(I) Saveasprovidedin thissection,aothingin thisActshal1 be deemed to affeci- (a) the validity, invalidity, effect or consequence of anything done or suffered to be donc before the date on which the provisions of this Act comc into force ; (b) any right, pri vilegc, obligarion or liability already acquired, accrued or incurred before such datc ; (c) any penalty, forfeiture or punishment incurred or inflic tcd in respect of any act before such dare ; (d) any investigation, legal proceeding or remedy in respect of such right, privilege, obligation, liability, penalty, forfeiture or punishment ; and any such investigation, legal proceeding or remedy may be instituted, continued, or enforced and any such pendty , forfeiture or punishment may be imposed in accordance with the provisions of the relevant enactments as amended by hs Act. (2) A1 l lesal prweedings peending kfore a Magi stn t e or Coun on the date on which this Act comes into force shall, if such Magismale or Court ceases to have jurisdction in rapt of such proceedings under the provisions of thc relevant enactments as amended by this Act, stand transferred to rhc Magiskate or Court having jurisdiction under the provisions of the relevant enactments as amended by this Act and shall be heard and disposed of by such Magistrate or Court and such Magistrate and Court shalt have all the powers and jurisdiction thereof 3s if [hey had been originally instituted before such Magistrate or in such Coud, including the power of the succeeding Magisttale under section 350 of the Code of Criminal

5. Procedure, 1898.

Statutory text

Power to remove difficulties If any difficulty arises in giving effect to the provisions of this Act, the State Government, in consultation with the High Court, may by order do anything, not inconsistent with such provisions and for the furtherance of the purposes of this Act which appear to it to be necessary or expedient for the purpose of removing the difficulty.

6. Repeal

Statutory text

The provisions of the Patiala and East Punjab States Union Judicature Ordinance, 2005 BK (Pepsu Ordinance 10 of 2005 BK), relating to the classes, constitution, power, practice and procedure of criminal courts are hereby repealed : Provided that the repeal shall not affect-

  1. (a) the previous operation of any provision so repealed or any thing duly done or suffered thereunder ; or
  2. (b) any right, privilege, obligation or liability acquired, accrued or incurred under any provision so repealed ; or
  3. (c) any penalty, forfeiture or punishment incurred in respect of any offence committed against any provision so repealed ; or
  4. (d) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid ; and any such investigation, legal proceeding or remedy may be instituted, continued or enforced and any such penalty, forfeiture or punishment may be imposed as if this Act had not been passed : Provided further that anything done or any action taken under any provision so repealed shall be deemed to have been done or taken under the corresponding provision of the Code of Criminal Procedure, 1898, as amended by this Act, and shall continue to be in force accordingly unless and until superseded by anything done or any action taken under the said Code, as amended by this Act.

Some statutory text is still being prepared for this language version.

PDF: pending for this language.

[Unnamed Schedule]

Schedule

1 For section 6, the following shall be substituted,

(See Section 2) PART I., THE CODE OF CRIMINAL PROCEDURE, 1898. Year No. Short title Extent of Amendment 1 2 3 4 1898 V Code of Criminal Procedure, 1898. namely:- "6. Besides the High Court and the Courts Classes of constituted under any law other than this Criminal courts. Code for the time being in force, there shall be two classes of Criminal Courts in the State of Punjab. namely:- I-Courts of Session, II-Courts of Magistrates". 2. After section 6, the following shall be inserted, namely:- "A-1. Classes of Magistrates. 6-A. There shall be the following classes of Classes of Magistrates, namely:- Magistrates. I. Judicial Magistrate

  1. (1) Chief Judicial Magistrates.
  2. (2) Judicial Magistrates of the first class.
  3. (3) Judicial Magistrates of the second class.
  4. (4) Special Judicial Magistrates. II. Executive Magistrates
  5. (1) District Magistrates.
  6. (2) Sub-divisional Magistrates.
  7. (3) Executive Magistrates of the first class.
  8. (4) Executive Magistrates of the second class." 3. For section 7, the following shall be substituted, namely:- "7 .(1) The State of Punjab shall consist of sessions sessions divisions; and every sessions division shall, divisions and for the purposes of this Code, be a district districts. or part of a district or consist of districts.
  9. (2) The State Government, in consultation with the High Court, may alter the limits or the number of such divisions and districts.
  10. (3) The sessions divisions and districts existing when the Punjab Separation of Judicial and Executive Functions Act, 1964, comes into force shall be sessions divisions and districts respectively, unless and until they are so altered." 4. In section 9,-
    • (i) in sub-section (1), after the words "sessions divisions, and". the words "in consultation with the High Court" shall be inserted;
    • (ii) in sub-section (2), after the words "State Government", the words "in consultation with the High Court" shall be inserted;
    • (iii) in sub-section (3), after the words "may also", the words "in consultation with the High Court" shall be inserted; and
    • (iv) in sub-section (4), after the words "State Government ", occurring twice, the words "in consultation with the High Court" shall be inserted. 5. In section 10,-
    • (i) in sub-section (1), for the words "a Magistrate", the words "an Executive Magistrate" shall be substituted; and after that sub-section as so amended, the following sub-section shall be inserted, namely:- "(1A) In every district the High Court shall invest a Judicial Magistrate of the first class with the powers of a Chief Judicial Magistrate under this Code or any other law for the time being in force.";
    • (ii) in sub-section (2), for the words "any Magistrate of the first class to be an Additional District Magistrate", the words "any Executive Magistrate of the first class to be an Additional District Magistrate" shall be substituted; and
    • (iii) the marginal heading shall be substituted by the following, namely:- "District Magistrate and Chief Judicial Magistrate". 6. For section 12, the following shall be substituted, namely:- "12.
  11. (1) The State Government may appoint as many Executive persons as it thinks fit besides the judicial, District Magistrate, to be Executive Magistrate. Magistrate of the first or second class in any district, and the State Government or the District Magistrate, subject to the control of the State Government, may, from time to time, define local areas within which such persons may exercise all or any of the powers with which they may respectively be invested under this Code.
  12. (2) The High Court may confer on any person who is a member of the Punjab Civil Service (Judicial Branch) the powers of any class of a Judicial Magistrate in any district; and the High Court or the Chief Judicial Magistrate, subject to the control of the High Court, may, from time to time, define local areas within which he may exercise all or any of the powers with which he may be invested under this Code.
  13. (3) The State Government, in consultation with the High Court, may, for such period not exceeding six months from the commencement of the Punjab Separation of Judicial and Executive Functions Act 1964, as it may think fit, appoint as many persons, who are members of the Punjab Civil Service (Executive Branch), as may be considered necessary to be Judicial Magistrates in any district; and the State Government, in consultation with the High Court, may define local areas within which such persons may exercise all or any of the powers with which they may, respectively be invested under this Code.
  14. (4) Except as otherwise provided by such definition, the jurisdiction and powers of such persons shall extend throughout such district.
  15. (5) The power of appointment of Judicial Magistrates under sub-sections
  16. (2) and
  17. (3) shall, on the issue of a public notification under Article 237 of the Constitution of India, be exercised subject to the terms of the said notification." 7. In sub-section
  18. (1) of section 13, for the word "Magistrate", the words "Executive Magistrate" shall be substituted. 8. For section 14, the following shall be substituted, namely:- "14. The State Government may, in consultation with the High Court, confer upon Special any person who holds or has held Magistrates any judicial post under the Union or a State, or possesses such other qualifications as may, in consultation with the High Court, be specified in this behalf by the State Government by notification in the Official Gazette, all or any of the powers conferred or conferable by or under this Code on a Judicial Magistrate in respect to particular cases or to a particular class of cases, or in regard to cases generally in any local area. Such Magistrates shall be called Special Judicial Magistrates and shall be appointed for such term as the State Government may, in consultation with the High Court, by general or special order, direct." 9. For sub-section
  19. (1) of section 15, the following shall be substituted, namely:- "(1) The High Court may direct any two or more Judicial Magistrates in any place in the State of Punjab to sit together as a Bench, and may by order invest such Bench with any of the powers conferred or conferable by or under this Code on a Judicial Magistrate of the first or second class, and direct it to exercise such powers in such cases, or such classes of cases only, and within such local limits, as the High Court thinks fit." 10. In section 16,-
    • (i) for the words "The State Government may, or, subject to the control of the State Government, the District Magistrate", the words "The High Court, subject to the approval of the State Government", shall be substituted; and
    • (ii) for the words "Magistrates' Benches", the words "Judicial Magistrates' Benches" shall be substituted. 11. For section 17, the following sections shall be substituted, namely:- "17.
  20. (1) All Judicial Magistrates appointed under subordination or sub-sections
  21. (2) and
  22. (3) of section 12 Assistant Sessions and section 14 and all Benches Judges and constituted under section 15, shall, Benches to subject to the control of the Sessions Sessions Judge Judge be subordinate to the Chief and Chief Judicial Magistrate, and he may, from Magistrate. time to time, make rules or give special orders consistent with this Code as to the distribution of business among such Magistrates and Benches.
  23. (2) All Chief Judicial Magistrates shall be subordinate to the Sessions Judge.
  24. (3) All Assistant Sessions Judges shall be subordinate to the Sessions Judge in whose Court they exercise jurisdiction, and he may, from time to time, make rules consistent with this Code as to the distribution of business among such Assistant Sessions Judges.
  25. (4) The Sessions Judge may also, when he himself is unavoidably absent or incapable of acting, make provision for the disposal of any urgent application by an Additional or Assistant Sessions Judge or, if there be no Additional or Assistant Sessions Judge, by the Chief Judicial Magistrate, and such Judge or Magistrate shall have jurisdiction to deal with any such application. 17-A.
  26. (1) All Executive Magistrates appointed under sub-section Subordination of
  27. (1) of section 12 and section 13 Executive shall be subordinate to the Magistrates. District Magistrate and every Executive Magistrate (other than a Sub- divisional Magistrate) exercising powers in a Sub-division shall also be subordinate to the Sub-divisional Magistrate, subject, however, to the general control of the District Magistrate.
  28. (2) The District Magistrate may, from time to time, make rules or give special orders consistent with this Code as to the distribution of business among the Executive Magistrates subordinate to him and as to allocation of business to an Additional District Magistrate. 17-B. Courts of Sessions and Courts of Judicial and Executive Magistrates shall be Criminal courts inferior to the High Court and Court of Sessions." 12. In section 29-B, for the words "a District Magistrate or a Chief Presidency Magistrate, or by any Magistrate specially empowered by the State Government", the words "a Chief Judicial Magistrate or any other Judicial Magistrate specially empowered by the High Court" shall be substituted. 13. For section 30, the following shall be sub- stituted, namely:- "30. Notwithstanding anything contained in section 28 Offences or section 29, the High Court may punishable with invest any Chief Judicial Magistrate or imprisonment not any other Judicial Magistrate of the exceeding seven first class with power to try as a Judicial years. Magistrate all offences not punishable with death or with imprisonment for life or with imprisonment for a term exceeding seven years: Provided that no Chief Judicial Magistrate or Judicial Magistrate of the first class shall be invested with such powers unless he has, for not less than ten years, exercised as a Magistrate powers not inferior to those of a Magistrate of the first class." 14. In the marginal heading of section 34, for the word "District", the word "Judicial" shall be substituted. 15. In section 36, after the words "District Magistrate", the words "Chief Judicial Magistrate shall be inserted; and for the words "Magistrates of the first, second and third classes" the words "Judicial and Executive Magistrates other than Special Judicial Magistrate" shall be substituted. 16. For section 37 and 38 the following shall be substituted, namely:- "37. In addition to his ordinary powers,-
    • (i) the High Court may invest any Judicial Magistrate with any of the powers as Additional powers specified in Part I of the Fourth conferable on Schedule; Magistrates.
    • (ii) a Chief Judicial Magistrate may invest any other Judicial Magistrate within his local jurisdiction with the powers specified in Part I of the Fourth Schedule;
    • (iii) the State Government may invest any Executive Magistrate with any of the powers as specified in Part II of the Fourth Schedule; and
    • (iv) a District Magistrate may invest any Executive Magistrate within his local jurisdiction with the powers specified in Part II of the Fourth Schedule. 38. The Power conferred by clause
    • (ii) of section Exercise of powers under 37 shall be exercised subject section 37 by Chief to the control of the High Judicial Magistrate or Court and the power under District Magistrate to be clause
    • (iv) of that section subject to control of High shall be exercised subject to Court or State Government. the control of the State Government." 17. After section 38, the following section shall be inserted, namely:- "38A. Whenever, under any provisions of this Code or Powers on Judicial of any law for the time being in force Magistrates to be relating to any of the matters specified conferred in in lists II and III of the Seventh Schedule consultation with the to the Constitution, any Judicial powers High Court. are to be conferred on a Sessions Judge, or an Additional, or Assistant Sessions Judge or a Chief Judicial Magistrate or any other Judicial Magistrate or any Magistrate is to be specially empowered to exercise such powers, the orders conferring such powers or empowering the exercise of such powers shall be made by the High Court notwithstanding that such provision may not expressly so provide. Explanation.- For the purposes of this section, the question whether any powers are judicial shall be decided by the High Court and such decision shall be final." 18. In sub-section
  29. (1) of section 39, for the words "the State Government", the words "the State Government or the High Court, as the case may be". shall be substituted. 19. In section 40, for the words "the State Government", occurring for the second time, the word "the State Government or the High Court, as the case may be," shall be substituted. 20. In section 41,-
    • (i) in sub-section (1), after the words "the State Government", the words "or the High Court, as the case may be," shall be inserted; and
    • (ii) for sub-section (2), the following sub-section shall be substituted, namely:- "(2) Any powers conferred by the Chief Judicial Magistrate or the District Magistrate may be withdrawn by him." 21. In sub-section
  30. (2) of section 57, for the words "a Magistrate", the words "a Judicial Magistrate having jurisdiction" shall be substituted. 22. In section 63, for the word "Magistrate" the words "Magistrate having jurisdiction" shall be substituted. 23. For sub-section
  31. (1) of section 78, the following shall be substituted, namely:- "(1) A District Magistrate or a Chief Judicial Magistrate or a Sub-divisional Magistrate or any other Judicial Magistrate of the first class may direct a warrant to any land-holder, farmer or manager of land within the area of his jurisdiction for the arrest of any escaped convict, proclaimed offender or person who has been accused of a non-bailable offence, and who has eluded pursuit." 24. In section 88,-
    • (a) in sub-section (2), after the words "District Magistrate", the words "or Chief Judicial Magistrate" shall be inserted;
    • (b) in sub-section (6A), after the words "District Magistrate", the words "or Chief Judicial Magistrate" shall be inserted;
    • (c) for the proviso to sub-section (6C), the following proviso shall be substituted namely:- " Provided that if it is preferred or made in the Court of a District Magistrate, or any other Executive Magistrate, such Magistrate shall refer it to the Chief Judicial Magistrate who shall make it over for disposal to any Judicial Magistrate of the first class subordinate to him, and such Judicial Magistrate shall have all the powers and jurisdiction in respect of such claim or objection as if the order of attachment had been issued by such Judicial Magistrate and the claim or objection had been originally preferred or made before him." 25. In section 95, after the words "District Magistrate", wherever occurring, the words "Chief Judicial Magistrate" shall be inserted. 26. In sub-section
  32. (2) of section 96, after the words "District Magistrate", the words "or Chief Judicial Magistrate" shall be inserted. 27. In section 98, after the words "District Magistrate", wherever occurring, the words "Chief Judicial Magistrate" shall be inserted. 28. In sub-section
  33. (1) of section 106, for the words "Court of a Presidency Magistrate, a District Magistrate, a Sub-Divisional Magistrate or a Magistrate", the words "Court of a Chief Judicial Magistrate or any other Judicial Magistrate" shall be substituted. 29. In sections 107, 108, 109 and 110, for the words "Magistrate of the first class", the words "Executive Magistrate of the first class" shall be substituted. 30. In section 124,-
    • (i) for the words "Chief Presidency Magistrate", wherever occurring, the words "Chief Judicial Magistrate" shall be substituted; and
    • (ii) in sub-section
  34. (2) for the words "Chief Presidency", the words "Chief Judicial Magistrate" shall be substituted. 31. In section 125, for the words "Chief Pre- sidency" the words "Chief Judicial Magistrate" shall be substituted. 32. In section 126,-
    • (i) in sub-section (1), for the words "to a Presidency Magistrate, District Magistrate, Sub-divisional Magistrate or Magistrate of the first class", the words "to the Court by which an order was made to give security" shall be substituted; and
    • (ii) for sub-section (2), the following shall be substituted, namely:- "(2) On such application being made, the Court shall issue summons or warrant, as it may think fit, requiring the person for whom such surety is bound to appear or to be brought before it." 33. In sections 127, 128, 129, 130, 131 and 132, for the word "Magistrate", wherever occurring, the words "Executive Magistrate" shall be substituted. 34. In section 133, -
    • (i) in the opening paragraph of sub-section (1) and in sub-section (2), for the word "Magistrate", the words "an Executive Magistrate" shall be substituted; and
    • (ii) in the closing paragraph of sub-section (1), for the words "Magistrate of the first or second class", the words "Executive Magistrate" shall be substituted. 35. In section 143, for the words "any other Magistrate", the words "any other Executive Magistrate" shall be substituted. 36. In sub-section
  35. (1) of section 144, for the words and brackets "any other Magistrate (not being Magistrate of the third class)", the words "any other Executive Magistrate" shall be substituted. 37. In sub-section
  36. (1) of section 145 and sub- section
  37. (1) of section 147, for the words "Magistrate of the first class" the words "Executive Magistrate of the first class" shall be substituted. 38. In sub-section
  38. (1) of section 155, the words "having power to try such case or commit the same for trial" shall be added at the end. 39. In sub-section
  39. (1) of section 164, for the words "Presidency Magistrate, any Magistrate of the first class and any Magistrate of the second class specially empowered in this behalf by the State Government", the words "Judicial Magistrate of the first class or any Judicial Magistrate of the second class specially empowered in this behalf by the High Court" shall be substituted. 40. In section 167,-
    • (i) for the proviso to sub-section (2), the following shall be substituted, namely:- " Provided that no Executive or Judicial Magistrate of the second class not specially empowered in this behalf by the State Government or the High Court, as the case may be, shall authorise detention in the custody of the police"; and
    • (ii) for sub-section (4), the following shall be substituted, namely:- "(4) If such order is given by an Executive Magistrate other than the District Magistrate or Sub-divisional Magistrate, he shall forward a copy of his order, with his reasons for making it, to the Magistrate to whom he is immediately subordinate and if such order is given by a Judicial Magistrate, he shall forward a copy of his order, with his reasons for making it, to the Chief Judicial Magistrate." 41. In sub-section
  40. (3) of section 170, for the words "District Magistrate or Sub-divisional Magistrate", the words "Chief Judicial Magistrate" shall be substituted. 42. In sub-section
  41. (5) of section 174, for the words "Magistrate of the first class and any Magistrate", the words "Executive Magistrate of the first class and any other Executive Magistrate" shall be substituted. 43. In sub-section
  42. (1) of section 186, for the words "a Presidency Magistrate, a District Magistrate, a Sub-divisional Magistrate or, if he is specially empowered in this behalf by the State Government, a Magistrate of the first class", the words "a District Magistrate, a Chief Judicial Magistrate, a Sub-divisional Magistrate, or, if he is specially empowered in this behalf by the State Government or the High court, as the case may be, an Executive or a Judicial Magistrate of the first class" shall be substituted. 44. In sub-section
  43. (1) of section 187, for the words "a Presidency Magistrate or District Magistrate, such Magistrate shall send the person arrested to the District or Subdivisional Magistrate", the words "a District Magistrate or Chief Judicial Magistrate, such Magistrate shall send the person arrested to the District or Sub-divisional Magistrate, or, as the case may be, to the Chief Judicial Magistrate" shall be substituted. 45. In section 190,-
    • (i) in sub-section (1), for the words "any Presidency Magistrate, District Magistrate or Sub-divisional Magistrate, and any other Magistrate", the words "any Chief Judicial Magistrate and any other Judicial Magistrate" shall be substituted;
    • (ii) in sub-section (2), for the words "State Government, or the District Magistrate subject to the general or special orders of the State Government, may empower any Magistrate", the words "High Court, or the Chief Judicial Magistrate subject to the general or special orders of the High Court, may empower any other Judicial Magistrate" shall be substituted; and
    • (iii) in sub-section (3), for the words "State Government may empower any Magistrate" the words "High Court may empower any Judicial Magistrate" shall be substituted. 46. In section 192,-
    • (i) in sub-section (1), for the words "Any Chief Presidency Magistrate, District Magistrate or Sub-divisional Magistrate", the words "Any Chief Judicial Magistrate" shall be substituted; and
    • (ii) in sub-section (2), for the words "District Magistrate", the words "Chief Judicial Magistrate" shall be substituted. 47. In sub-section
  44. (2) of section 193, for the words "the State Government", the words "the High Court" shall be substituted. 48. In sub-section
  45. (1) of section 206, for the words and brackets "Any Presidency Magistrate, District Magistrate, Sub-divisional Magistrate or Magistrate of the first class, OR any Magistrate (not being a Magistrate of the third class) empowered in this behalf by the State Government", the words "Any Chief Judicial Magistrate or a Judicial Magistrate of the first class or any Judicial Magistrate of the second class empowered in this behalf by the High Court" shall be substituted. 49. In section 249, for the words "a Presidency Magistrate, a Magistrate of the first class, or, with the previous sanction of the District Magistrate, any other Magistrate", the words "a Judicial Magistrate of the first class, or, with the previous sanction of the Chief Judicial Magistrate, any Judicial Magistrate of the second class" shall be substituted. 50. In the opening paragraph of sub-section (1) of section 260, for clauses (a),
    • (b) and (c), the following clauses shall be substituted, namely:- "(a) the Chief Judicial Magistrate,
    • (b) any Judicial Magistrate of the first class specially empowered in this behalf by the High Court, and
    • (c) any Bench of Judicial Magistrates invested with the powers of a Judicial Magistrate of the first class and especially empowered in this behalf by the High Court". 51. In section 261, for the words "State Government may confer on any Bench of Magistrates invested with the powers of a Magistrate of the second or third class", the words "High Court may confer on any Bench of Judicial Magistrates invested with the powers of a Judicial Magistrate of the second class" shall be substituted. 52. In section 263, for the words "the State Government", the words "the High Court" shall be substituted. 53. In sub-section
  46. (2) of section 265, for the words "The State Government may authorise any Bench of Magistrates", the words "The High Court may authorise any Bench of Judicial Magistrates" shall be substituted. 54. In sub-sections
  47. (1) and
  48. (2) of section 269, after the words "State Government", the words "in consultation with the High Court" shall be inserted. 55. In section 337,-
    • (i) in sub-section (1), for the words "a Presidency Magistrate, a Sub-divisional Magistrate or any Magistrate of the first class", the words "a Chief Judicial Magistrate, a Sub-divisional Magistrate or any Judicial Magistrate of the first class" shall be substituted; and
    • (ii) in the proviso to sub-section (1), for the words "District Magistrate", occurring twice, the words "Chief Judicial Magistrate" shall be substituted. 56. In sub-section
  49. (1) of section 346, after the words "District Magistrate", the words "or the Chief Judicial Magistrate, as the case may be" shall be inserted. 57. In section 349,-
    • (i) in sub-section (1),-
    • (a) for the words "a Magistrate of the second or third class", the words "a Judicial Magistrate of the second class" shall be substituted; and
    • (b) for the words "District Magistrate or Sub- Divisional Magistrate", the words "Chief Judicial Magistrate" shall be substituted; and
      • (ii) in sub-section (1-A), for the words "District Magistrate or Sub-divisional Magistrate", the words "Chief Judicial Magistrate" shall be substituted. 58. In section 380, for the words "Magistrate of the first class or a Sub-divisional Magistrate", the words "Judicial Magistrate of the first class" shall be substituted. 59. For section 406A, the following shall be substituted, namely:- "406A. Any person aggrieved by an order refusing Appeal from order to accept or rejecting a surety under refusing to accept section 122 may appeal against such or rejecting a order to the Court of Session". surety. 60. In section 405, for the words "a District Magistrate or any other Magistrate, or any person sentenced under section 349 or in respect of whom an order has been made or a sentence has been passed under section 380 by any Magistrate", the words "or a Judicial Magistrate or any person sentenced under section 349 or in respect of whom an order has been made or a sentence has been passed under section 380 by a Judicial Magistrate" shall be substituted. 61. In section 409,-
      • (i) in the proviso to sub-section (1), the words "or third" shall be omitted; and
      • (ii) in sub-section (2), for the words "State Government", the words "High Court" shall be substituted. 62. In section 413, for the words "or District Magistrate or other Magistrate", the words "or Chief Judicial Magistrate or other Judicial Magistrate" shall be substituted. 63. In sub-section
  50. (1) of section 428, for the word "Magistrate", occurring twice, the words "Judicial Magistrate" shall be substituted. 64. In section 435,-
    • (i) in sub-section (1), for the words "or District Magistrate, or any Sub-divisional Magistrate empowered by the State Government in this behalf", the words "or Chief Judicial Magistrate" shall be substituted; and
    • (ii) for sub-sections
  51. (2) and (4), the following sub-sections shall be substituted, namely:- "(2) The District Magistrate or any Sub- divisional Magistrate empowered by the State Government in this behalf, may call for and examine the record of any proceeding before any subordinate Executive Magistrate for the purpose of satisfying himself as to the correctness, legality or propriety of any order recorded or passed and as to the regularity of any proceedings of such subordinate Magistrate and may, when calling for such record, direct that the execution of any order be suspended and if the person is in confinement he be released on bail on his own bond pending the examination of the record.
  52. (3) If any Sub-divisional Magistrate acting under sub-section
  53. (2) considers that any such proceeding or order is illegal or improper he shall forward the record with such remarks thereon as he thinks fit to the District Magistrate.
  54. (4) The High Court may call for and examine the record of any proceeding under sections 118, 122, 143, 144 or 145, notwithstanding the fact that such proceeding was before an Executive Magistrate.
  55. (5) If an application under sub-section (1) has been made either to the Sessions Judge or the Chief Judicial Magistrate no further application shall be entertained by the other of them". 65. For section 436, the following shall be substituted, namely:- "436 .(1) On examining any record under section 435 Power to order or otherwise, the High Court or the inquiry. Sessions judge may direct the Chief Judicial Magistrate by himself or by any of the Magistrates subordinate to him to make, and the Chief Judicial Magistrate may himself make, or direct any subordinate Magistrate to make, further inquiry into any complaint which has been dismissed under section 203 or sub- section
  56. (3) of section 204, or into the case of any person accused of an offence who has been discharged: Provided that no Court shall make any direction under this sub-section for inquiry into the case of any person who has been discharged unless such person has had an opportunity of showing cause why such direction should not be made.
  57. (2) On examining any record under section 435 or otherwise, the District Magistrate may direct any Sub-divisional Magistrate or any other Magistrate subordinate to him to make, and the Sub-divisional Magistrate may himself make or direct any subordinate Magistrate to make, further inquiry into any proceeding in which an order of release or discharge has been made under section 119: Provided that no District Magistrate shall make any direction under this sub-section for further inquiry into the case of any person unless such person has had an opportunity of showing cause why such direction should not be made". 66. In section 437, for the words "or District Magistrate", occurring thrice, the words "or Chief Judicial Magistrate" shall be substituted. 67. In section 438,-
    • (i) for the words "or District Magistrate", the words "or Chief Judicial Magistrate" shall be substituted; and
    • (ii) after sub-section (3), the following sub-section shall be added, namely:- "(4) On examining under section 435 or otherwise the record of any proceeding,-
  58. (1) if such proceeding is in respect of an order made under section 118, section 122, section 143, section 144 or section 145 and the District Magistrate thinks that the order made in such proceeding should be reversed or altered, he shall report for the order of the High Court the result of such examination;
  59. (2) if such proceeding is in respect of an order made under any other section, then in the case of such proceedings the District Magistrate may, subject to the provisions of sub-section
  60. (2) of section 436, exercise any of the powers conferred on a Court of Appeal by sections 423, 426, 427 and 428." 68. In section 479, for the words "Presidency Magistrate, District Magistrate or other Magistrate", the words "Chief Judicial Magistrate or any other Judicial Magistrate" shall be substituted. 69. In sub-section
  61. (1) of section 495, for the words "District Magistrate, a Presidency Magistrate, a Sub-divisional Magistrate or a Magistrate", the words "Chief Judicial Magistrate or any other Judicial Magistrate" shall be substituted. 70. For section 515, the following shall be substituted, namely:- 515. All orders passed under section 514 by an Executive Appeal from, and Magistrate shall be appealable to the revision of orders Sessions Judge, or, if not so appealed, under section 514. may be revised by him". 71. In section 524,-
    • (i) in sub-section (1), for the words "Magistrate of the first class", the words "Judicial Magistrate of the first class" shall be substituted; and
    • (ii) in sub-section (2), for the words "to the Court to which appeals against sentences of the Court passing such order would lie", the words "to the Sessions Judge" shall be substituted. 72. In section 528,-
    • (i) in sub-section (2),-
    • (a) For the words "Any Chief presidency Magistrate, District Magistrate or Sub- divisional Magistrate", the words "The Chief Judicial Magistrate" shall be substituted; and
    • (b) for the marginal heading, the following shall be substituted, namely- "Chief Judicial Magistrate may withdraw or refer cases"; and
      • (ii) after sub-section (3), the following sub-section shall be inserted, namely:- "(3-A) Where the District Magistrate authorised under sub-section
  62. (3) withdraws any case from any Magistrate subordinate to him, he may inquire into or try such case himself, or refer it for inquiry or trial to any other Magistrate subordinate to him and competent to inquire into or try the same". 73. In section 552, after the words "District Magistrate", the words "or Chief Judicial Magistrate" shall be inserted. 74. In sub-section
  63. (2) of section 559, for the words "the Chief Presidency Magistrate in a presidency-town, and the District Magistrate outside such towns", the words "the Chief Judicial Magistrate in the case of Judicial Magistrates and the District Magistrate in the case of Executive Magistrates" shall be substituted. 75. In section 561, for the words "a Chief Presidency Magistrate or a District Magistrate", wherever occurring the words "a Chief Judicial Magistrate" shall be substituted. 76. In the proviso to sub-section
  64. (1) of section 562,-
    • (i) for the words "Magistrate of the third class, or a Magistrate of the second class not specially empowered by the State Government", the words "Judicial Magistrate of the second class not specially empowered by the High Court" shall be substituted; and
    • (ii) for the words "Magistrate of the first class or Subdivisional Magistrate", the words "Judicial Magistrate of the first class" shall be substituted. 77. In section 565,-
    • (i) in sub-section (1), for the words "Presidency Magistrate, District Magistrate, Sub-divisional Magistrate or Magistrate", the words "Chief Judicial Magistrate or any other judicial Magistrate" shall be substituted;
    • (ii) in sub-section (3), after the words "State Government", the words "in consultation with the High Court" shall be inserted; and
    • (iii) in sub-section (5), for the word "Magistrate", the words "Judicial Magistrate" shall be substituted. 78. In Schedule II, in column 8,-
    • (i) for the word "Magistrate", wherever occurring except in the expression "presidency Magistrate", the words "Judicial Magistrate", and for the words "Any Magistrate", wherever occurring, the words "Any judicial magistrate" shall be substituted;
    • (ii) for the entry relating to section 124A, the following entry shall be substituted, namely- "Court of Session, Chief Judicial Magistrate or any other Judicial Magistrate of the first class specially empowered by the High Court in that behalf"; and
    • (iii) in the entry relating to section 376, for the words "Chief Presidency Magistrate or District Magistrate", the words "or Chief Judicial Magistrate" shall be substituted.