Magistrate

Magistrate (Criminal Side)

(1) Overview (2) Classes of Criminal Courts (Criminal Side) (3) Court of Session (4) Judicial Magistrate of (5) Judicial Magistrate of Second Class (6) Executive Magistrate (7) Metropolitan Magistrates (8) Flow Chart.

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(2) Classes of Criminal Courts (Criminal Side)

2.1    Besides the High Courts and Courts constituted under any law, other than Code of Criminal Procedure (CrPC), 1973, there is in every State, a classification of Criminal Courts discussed in successive paras [Sec. 6 of CrPC].

(3) Court of Session

3.1    The State Government establishes a Court of Session for every session division [Sec. 9(1) of CrPC].

3.2    Every Court of Session is presided over by a Judge, to be appointed by the High Court [Sec. 9(2) of CrPC].

3.3    The High Court may also appoint Additional Sessions Judges and Assistant Sessions Judges to exercise jurisdiction in a Court of Session [Sec. 9(3) of CrPC].

3.4    The Sessions Judge of one sessions division may be appointed by the High Court to be also an Additional Sessions Judge of another division, and in such case he may sit for the disposal of cases at such place or places in the other division as the High Court may direct [Sec. 9(4) of CrPC].

3.5    If the office of the Session Judge is vacant, It’s work is executed by Additional Sessions Judge. If Additional Session Judge is not available, the same is executed by Assistant Session Judge. Again, if Assistant Session Judge is not available or deployed, the function will be executed by the Chief Judicial Magistrate only on the arrangement made by the High Court [Sec. 9(5) of CrPC].

3.6    Hence, Court of Session is formed by – (a) Session Judge, (b) Additional Session Judge, (c) Assistant Session Judge.

3.7    All Assistant Sessions Judges are subordinate to the Sessions Judge in whose Court they exercise jurisdiction [Sec. 10(1) of CrPC].

3.8    The Sessions Judge may, from time to time, make rules consistent with this Code, as to the distribution of business among such Assistant Sessions Judges [Sec. 10(2) of CrPC].

3.9    Sentencing Power: The sentencing powers of Session judge and it’s subordinate courts are given below:

(4) Judicial Magistrate of First Class (JMFC)

4.1    First Class Magistrates are at the grass root level in the judicial structure (criminal side). These Magistrates belong to court of judicial magistrates.

4.2    Sections 12 and 17 of CrPC define the role of the Chief Judicial Magistrate (CJM) and the Chief Metropolitan Magistrate (CMM), respectively.

4.3    In terms of powers and superintendence over Magistrates, both the CJM and the CMM enjoy equal status, with the only difference being the area in which they operate.

4.4     According to Section 8 of the CrPC, the State Government may notify any city or town to be a Metropolitan area when its population exceeds 10 lakhs.

4.5    In a metropolitan area the term CMM is used, and in the remaining areas, the term CJM is used.

4.6    The High Court of the State has the power to appoint any First Class Magistrate to be the CJM or the CMM for a given area as the case may be [Sec. 12(1) of CrPC].

4.7    The High Court may appoint any Judicial Magistrate of the first class to be an Additional Chief Judicial Magistrate, and such Magistrate shall have all or any of the powers of a Chief Judicial Magistrate under this Code or under any other law for the time being in force as the High Court may direct [Sec. 12(2) of CrPC].

4.8    In terms of hierarchy, all judicial magistrates are subordinate to the CJM or the CMM (as the case may be), who are in turn subordinate to the Sessions Judge.

4.9    As per Sections 17 and 19 of the CrPC, the CJM and the CMM, respectively, have the power to make rules and distribute business amongst the judicial magistrates subordinate to them.

4.10    The High Court may designate any Judicial Magistrate of the first class in any sub-division as the Sub-Divisional Judicial Magistrate and relieve him of the responsibilities specified in this section as occasion requires [Sec. 12(3)].

4.11    Every Chief Judicial Magistrate shall be subordinate to the Sessions Judge; and every other Judicial Magistrate shall, subject to the general control of the Sessions Judge, be subordinate to the Chief Judicial Magistrate [Sec. 15(1) of CrPC].

4.12    The Chief Judicial Magistrate may, from time to time, make rules or give special orders, consistent with this Code, as to the distribution of business among the Judicial Magistrates subordinate to him [Sec. 15(2) of CrPC].

4.13    All magistrates’ courts are controlled by the CJM. The CJM looks over the work of judicial magistrates, but cannot take any action against them.

4.14    In continuation of Para. 5.1, a Sub-Divisional Judicial Magistrate (SDJM) are in every subdivision. They hear cases related to the Dowry Act, EC Act, and other criminal cases. They also maintain and control the judicial court below them. A court of Sub-Divisional Judicial Magistrates may sentence a person to imprisonment of up to 3 years and impose fine up to ₹10,000

(5) Judicial Magistrate of Second Class

5.1    Judicial Magistrate of Second Class are also called Special Judicial Magistrates are appointed for such term, not exceeding one year at a time, as the High Court may, by general or special order [Sec 13(2) of CrPC].

5.2    Courts of Judicial Magistrate of Second Class are at the lowest hierarchy of the Criminal Court structure in India.

5.3    According to the Section 11 of the Criminal Procedure Code, 1973 (CrPc), a Court of Judicial Magistrate of Second Class may be established by the State Government in consultation with the High Court of the respective state at such places in the district and in any number by a notification.

5.4    According to Section 29(3) of the CrPC., a Judicial Magistrate of Second Class may pass a sentence of imprisonment for a term not exceeding one year, or of fine not exceeding Five thousand (in Madhya Pradesh 25 thousand) rupees, or of both.

5.5    A Judicial Magistrate of Second Class cannot entertain a prayer for Police Remand while hearing for police files. If the police remand prayer is received, the same must be kept reserved and the case record must immediately be sent to Judicial Magistrate 1st Class.

5.6    A Judicial Magistrate can try such offences which is triable by either “Any Magistrate” or “Judicial Magistrate 2nd Class” as enshrined in the Schedule I & II of the Cr.PC.

5.7    Generally, the post for Judicial Magistrate 2nd Class is to be held for 6 months by the newly inducted officers unless the concerned Hon’ble High Court of a State pleased to see fit to reduce or increase the time period of 6 months.

5.8    A production Warrant issued by a Judicial Magistrate 2nd Class must be countersigned by the Chief Judicial Magistrate as per Section 267 Cr.PC.

(6) Executive Magistrate

6.1    An Executive Magistrate is an officer of the Executive branch (as opposed to the Judicial branch) who is invested with specific powers under both the CrPC and the Indian Penal Code (IPC). Section 20 of CrPC deals with such magistrates.

6.2    The powers enjoyed by Executive Magistrates are conferred by Sections 107–110, 133, 144, 145, and 147 of the CrPC. These officers cannot try any accused nor pass verdicts. There is a difference between judicial magistrates and executive magistrates.

6.3    A person arrested on the orders of a court located outside the local jurisdiction should be produced before an Executive Magistrate who can also set the bail amount for the arrested individual to avoid police custody, depending on the terms of the warrant.

6.4    The Executive Magistrate also can pass orders restraining persons from committing a particular act or preventing persons from entering an area (Section 144 CrPC).

6.5    There is no specific provision to order a “curfew“. The Executive Magistrates alone are authorised to use force against people. Means to say that, they alone can disperse an “unlawful assembly“.

6.6    To execute such powers conferred as discussed above, police are to assist the Executive Magistrate. Executive Magistrates can dictate to the police the manner of force (baton charge/ tear gas/blank fire/firing) and also, how much force should be used. They can also seek the assistance of the Armed Forces to quell a riot.

6.7    There are, in each Administrative District (as opposed to a Sessions District) the following kinds of Executive Magistrates:

6.8    All the Executive Magistrates of the district, except the ADM, are under the control of the DM.

6.9    These magistrates are normally conferred on the officers of the Revenue Department, although an officer can be appointed exclusively as an Executive Magistrate.

6.10    Normally, the Collector of the district is appointed as the District Magistrate (DM). Similarly, the Sub-Collectors are appointed as the SDMs.

6.11    Tehsildars and Deputy/Additional Tehsildars are appointed as Executive Magistrates.

6.12    Local jurisdiction of Executive Magistrates: (1) Subject to the control of the State Government, the District Magistrate may, from time to time, define the local limits of the areas within which the Executive Magistrates may exercise all or any of the powers with which they may be invested under this Code.

(2)     The jurisdiction and powers of every such Magistrate shall extend throughout the district.

(7) Courts of Metropolitan Magistrates

7.1    In every Metropolitan area (as classified under section 8 of CrPC), there shall be established as many Courts of Metropolitan Magistrates, and at such places, as the State Government may, after consultation with the High Court, by notification, specify [Sec. 16(1) of CrPC].

7.2    The jurisdiction and powers of every Metropolitan Magistrate shall extend throughout the metropolitan area [Sec. 16(2) of CrPC].

7.3    The courts of Metropolitan Magistrates are presided over by the Chief Metropolitan Magistrate. The Chief Metropolitan Magistrate is appointed by the High Court [Sec. 17(1) of CrPC].

7.4    The High Court may appoint any Metropolitan Magistrate to be an Additional Chief Metropolitan Magistrate, and such Magistrate shall have all or any of the powers of a Chief Metropolitan Magistrate under this Code or under any other law for the time being in force as the High Court may direct [Sec. 17(2) of CrPC].

7.5    The Specific nomenclature comparison between Judges and Magistrates in Metropolitan areas and District areas can easily be known as per the following table:

(8) Flow Chart

Coming soon

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