Power of Judicial Magistrate

 · 4 mins read

Introduction

The judiciary is a constitutional body that safeguards citizens' rights. This is the ultimate authority when it comes to legal and constitutional issues. It is crucial in the enactment of laws and the resolution of conflicts between individuals, governments, and other parties. To protect citizens' rights, the courts preserve law and order in the country. Judges preside over the Supreme Court, the High Court, and other lower courts.

Magistrate

In 1772, Warren Hastings established the position of District Magistrate. The District Magistrate's key responsibilities include inspecting the general government, recovering land revenue, and maintaining law and order in the district. He was the director of the tax organizations at the time. He was also in charge of land registration, field division, dispute resolution, mortgage management, farmer loan distribution, and drought relief. Many of the district's other officeholders were subordinate to him and reported to him on the activities of their respective offices. The work of the District Magistrate was also entrusted to them. Being a District Magistrate, he also inspects the police and subordinate courts of the district.

A magistrate is a civil servant who is in charge of the administration of justice in a specific region, such as a district or city. The word 'magistrate' comes from the old French word 'magistrat,' which means "civil officers in charge of enforcing laws" and "a magistrate, public machinery." He is the person who hears civil and criminal cases before making a decision. The Chief Executive, Administrative, and Revenue Officer is, without a doubt, the District Magistrate or District Collector. He provides the requisite coordination between the district's various government agencies.

Chief Judicial Magistrate

Chief Judicial Magistrate (CJM) is established under section 12(1) of the CrPC which says in every district the High Court shall appoint a judicial Magistrate of the first class to the Chief Judicial Magistrate. CJM is one of the officers among all the offers is selected from the cadre of judicial magistrate of first class and appointed by CJM of High Court. Every session division has to have one CJM.

CJM is subordinate to session judge and additional session judge. One of the duties of CJM is to distribute business among other court of judicial magistrate.

Under section 14(1) of the CrpC, chief judicial magistrate is also defined as ilaka magistrate. It is said that CJM defined the local limits of the areas within which the magistrate appointed under section 11 or section 13. CJM defined the area limit of judicial magistrate of first and second class.

Section 15(2) of CrPC says, the cjm should distribute business among judicial magistrate subordinate to him. Therefore, according to this section CJM is to distribute business among Judicial Magistrate first class (JMFC), judicial magistrate second class, special judicial magistrate of first and second class and sub—divisional magistrate.

Judicial magistrate First Class

Appointment establishment and powers of JMFC. JMFC is at the very initial stage of the hierarchy. Applications of offences which are not of a very grievous nature goes to JMFC. Cases like check bounce under NI and other lesser degree offence are taken by the same.

Section 11(1) says that, in every district, there shall be established as many Courts of Judicial Magistrate of the first class and of the second class, and at such places, as the State Government may, after consultation with the High Court. the whole process which includes examination and the interview is taken by the High Court.

Section 11(2) says the presiding officer of court of JMFC and Supreme Court shall be appointed by the High Court. 11(3) says that the HC has the power to confer the power of JMFC OR SC to any member of the judicial service of the state function as a judge in the civil court. it is often seen during court visits that timings are set. Usually before lunch time a judge of the district court will be taking care of civil cases and post lunch takes up seat of JMFC and takes cases of criminal offence. This is done under sub-clause 3. That is why we have common examination called the civil judge junior division examination.

Role of a Magistrate

A magistrate is a person who takes decisions on minor or insignificant matters. In reality, the Magistrate is the one who makes the first decisions in criminal cases. He is said to have administrator-like abilities. The judge, on the other hand, makes judgments in difficult and complicated situations in which legal experience and the capacity to make a personal decision are critical. A magistrate has only minimal authority over a judge. The High Court appoints the Judicial Magistrate and Chief Judicial Magistrate, while the Governor appoints the District Magistrate. The President, on the other hand, appoints Supreme Court judges, while the President appoints High Court judges in consultation with the Chief Justice of India and the Governor of the State. A magistrate has the authority to levy fines and sentence people to jail for a set period of time. Judges, on the other hand, have the authority to impose a death or life sentence.

- by Sajal Awasthi