magistrate
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
- Excessive delegation, conditional legislation and sub-delegation (Administrative Law)
- The Mediation Act, 2023: scheme, enforcement and status (Alternative Dispute Resolution Systems)
- Control of the RBI over non-banking companies, financial and non-financial (Banking Law)
- Penal provisions for dishonour of cheques (ss.138-148) and the Bankers' Books Evidence Act, 1891 (Banking Law)
- Default and recovery: Debts Recovery Tribunals and the SARFAESI Act (Banking Law)
- Criminal procedure: meaning, background and salient features of the BNSS (Bharatiya Nagarik Suraksha Sanhita)