JURISDICTION OF MAGISTRATE AND OVERVIEW OF MAGISTRATE

The judge is a common official that has the ability to control and implement the law. He has restricted legal power. The word officer has been gotten from the Old. French word MAGISTRATE, which implies a civil officer in charge of administrating laws. From Latin MAGISTRATES. Judge and Magistrate are two terms that are regularly befuddled us mean, It is by and large accepted that both the terms Judge and Magistrate allude to very much the same individual. As a matter of fact, the two of them contrast in more than one viewpoint. A Judge is presented with a greater number of abilities than a Magistrate. A judge has just authoritative and restricted law implementation abilities. The powers practiced by a judge are in excess of an Administrative Official. Officers might direct lower-level criminal cases and some thoughtful issues. They might deal with cases, for example, unimportant robbery and little wrongdoings, and so on.[1]

In each locale (not being a metropolitan region), the High Court will designate a Judicial Magistrate of the five stars to be the Chief Judicial Magistrate.

The High Court might delegate any Judicial Magistrate of the top-notch to be an Additional Chief Judicial Magistrate, and such Magistrate will have all or any of the abilities of a Chief Judicial Magistrate under this Code or under some other law for the time being in power as the High Court might coordinate.

The High Court might assign any Judicial Magistrate of the five stars in any sub-division as the Sub-divisional Judicial Magistrate and free him from the obligations indicated in this part as the event requires.

In Surendra Kumar Bhatia Vs. Kanhaiya Lal and Ors. [2009 INSC 194 (30 January 2009)], The Supreme Court has held that a locale gatherer isn’t an appointed authority and as such can’t look for invulnerability from indictment in criminal cases. The court decided that the insusceptibility allowed to be decided under Section 77 IPC would not be accessible to area authorities or the land obtaining officials who procure private grounds and grant pay. [2]

Justices are ordered into four classes as indicated by the arrangements of the Criminal Procedure Code, 1973

* A Chief Judicial Magistrate

* Judicial Magistrates First Class;

* Judicial Magistrates Second Class; and

 Local Magistrates

Local jurisdiction of Judicial Magistrates-

(1) Subject to the control of the High Court, the Chief Judicial Magistrate may, occasionally, characterize the nearby furthest reaches of the spaces inside which the Magistrates designated under segment 11 or under segment 13 might practice all or any of the powers with which they may separately be contributed under this Code.

(2) Except as in any case given by such definition, the purview and powers of each such Magistrate will stretch out all through the area.

The first-class Magistrate is qualified to pass a sentence of detainment for a term of not over three years, or fine not surpassing 10,000 rupees or both. The Second-Class Magistrate might pass a sentence of detainment for a term, not over one year, or fine, or both. The fine forced can’t surpass 5,000 rupees. The Chief Metropolitan Magistrate has the abilities that of a Chief Judicial Magistrate just like that of a Metropolitan Magistrate, notwithstanding the powers of the First -Class Magistrate.


[1] https://www.linkedin.com/pulse/difference-between-judge-magistrate-adv-prashant-mali-

[2] https://www.lawyerservices.in/Surendra-Kumar-Bhatia-Versus-Kanhaiya-Lal-and-Others-2009-01-30

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

If you are interested in participating in the same, do let me know.

Do follow me on FacebookTwitter  Youtube and Instagram.

The copyright of this Article belongs exclusively to Ms. Aishwarya Sandeep. Reproduction of the same, without permission will amount to Copyright Infringement. Appropriate Legal Action under the Indian Laws will be taken.

If you would also like to contribute to my website, then do share your articles or poems at adv.aishwaryasandeep@gmail.com

We also have a Facebook Group Restarter Moms for Mothers or Women who would like to rejoin their careers post a career break or women who are enterpreneurs.

We are also running a series Inspirational Women from January 2021 to March 31,2021, featuring around 1000 stories about Indian Women, who changed the world. #choosetochallenge

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

This site uses Akismet to reduce spam. Learn how your comment data is processed.