Bare ActsThe West Bengal Separation Of Judicial And Executive Functions Act, 1968

Section 38

Amendment status not verified — confirm the current text below against the official source.

In section 192,— (1) in sub-section (1), for the words "or Sub-divisional Magistrate", the words ", Sub-divisional Executive Magistrate or Sub-divisional Judicial Magistrate" shall he substituted; (2) for sub-section (2), the following sub-section shall be substituted, namely — "(2) Any District Magistrate may empower any Executive Magistrate of the first class who has taken cognizance of any case to transfer the same for inquiry to any other specified Execu- tive Magistrate within the district who is com- petent under this Code to hold such inquiry "; and (3) after sub-section (2), the following sub-section shall be inserted, namely:— "(3) Any Chief Presidency Magistrate or Sessions Judge may empower a Presidency Magistrate or any Judicial Magistrate of the first class, as the case may be, subordinate to him who has taken cognizance of any ease to transfer the (4) (1) 711te West. Beanttl Sipartz ors J14dieia1lind _ *.Executive Panctions 'Act, 1958. if of 1968.] same to any other Presidency Magistrate or Judicial Magistrate, as the case may be, who is competent under this Code to try the accused or commit him for trial, and such Presidency Magistrate or Judicial .Magistrate may dispose of the case accordingly.", 30t In section 193,— (1) in sub-section (1), for the word "Magistrate", the words "Judicial Magistrate" shall be substituted; and (2) in sub-section (2), after the words "State Govern- ment", the words ", in consultation with the High Court," shall be inserted.

Section 38 – The West Bengal Separation Of Judicial And Executive Functions Act, 1968 | DailyLaw.ai