Bharatiya Nagarik Suraksha Sanhita, 2023
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.
Why this exists
Executive Magistrates are part of the state administration (often revenue or police-linked officers), while Judicial Magistrates are part of the independent judiciary. For certain sensitive functions — such as dealing with disputes over immovable property or public nuisance — a state may prefer that trained judicial officers, rather than executive officers, handle the matter, to strengthen the separation of the judiciary from the executive at the local level. This section gives states that flexibility while requiring legislative approval and judicial consultation as safeguards.