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magistrate

English · MAJ-is-trayt · Courts and procedure

Meaning. A judicial officer who presides over a criminal court below the Court of Session.

A magistrate is a judge of a subordinate criminal court. Under the BNSS the criminal courts are the Court of Session, Judicial Magistrates of the first and second class, and Executive Magistrates. Judicial Magistrates (including the Chief Judicial Magistrate in each district) try cases and take cognizance; Executive Magistrates, drawn from the revenue administration, handle public order matters such as security proceedings and dispersal of assemblies.

The BNSS no longer keeps the separate class of Metropolitan Magistrates. Students often confuse the two kinds of magistrate: only a Judicial Magistrate can convict and sentence an accused.

Example

Theft triable by any magistrate was tried by the Judicial Magistrate First Class, whose sentencing power is limited to three years' imprisonment.

In Indian law

  • Section 6, BNSS, 2023 (old s.6 CrPC): classes of criminal courts
  • Section 23, BNSS (old s.29 CrPC): sentences magistrates may pass

See also

cognizance · trial · munsiff

Read more in the study notes

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