5Functions exercisable by Judicial and Executive Magistrates
Where under any law the functions exercisable by a Magistrate relate to matters which involve the appreciation or sifting of evidence or the formulation of any decision which exposes any person to any punishment, or penalty, or detention in custody pending investigation, inquiry or trial or would have the effect of sending him for trial before any Court, such functions shall, subject to the provisions of this Act and the Code of Criminal Procedure, 18981 (5 of 1898) as amended by this Act, be exercisable by a Judicial Magistrate and where such functions relate to matters which are administrative or executive in nature, such as the grant of a licence, the suspension or cancellation of a licence, sanctioning a prosecution, or withdrawing from a prosecution, they shall, subject as aforesaid, be exercisable by an Executive Magistrate.
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1. See now the Code of Criminal Procedure, 1973 (2 of 1974).
- 1 Short title, extent and commencement
- 2 Definition
- 3 Amendments to Code of Criminal Procedure, 1898
- 4 Amendments not to render invalid notifications, etc., before commencement of Act
- 5 Functions exercisable by Judicial and Executive Magistrates
- 6 Repeal of laws in transferred areas in Himachal Pradesh
- 7 Saving
- 8 Power to remove difficulties
- 9 Power of Legislative Assembly of Union territory to amend this Act