A constitutional institution that protects citizens’ rights is the judiciary. When it comes to legal and constitutional matters, this is the supreme authority. It is essential to the passing of legislation as well as the settlement of disputes between people, governments, and other parties. The courts uphold the nation’s law and order in order to defend citizens’ rights. The Supreme Court, the High Court, and other lower courts are presided over by judges.

Magistrate

A magistrate is a public official who supervises the execution of justice in a given area, such as a city or district. The name “magistrate” derives from the old French word “‘magistrat ” which implies “a magistrate, public machinery” and “civil officers responsible for enforcing laws.” Before rendering a decision, he is the one who hears both civil and criminal matters. The District Magistrate or District Collector is without a doubt the Chief Executive, Administrative, and Revenue Officer. He ensures that the district’s numerous governmental entities are coordinated as needed.

Chief Judicial Magistrate

According to section 12(1) of the Criminal Procedure Code, the High Court shall appoint a judicial magistrate of the first class to the position of Chief Judicial Magistrate in each district. CJM is one of the officers chosen from the cadre of first-class judicial magistrates and is appointed by the CJM of the High Court. There must be one CJM in each session division.

The session judge and additional session judge are superior to the CJM. The distribution of work among different court of judicial magistrates is one of the responsibilities of the CJM.

Chief judicial magistrate is also referred to as an ilaka magistrate. in section 14(1) of the CrpC. The local boundaries of the places where the magistrate appointed under section 11 or section 13 is considered to have been defined by CJM. The CJM specified the first and second class judicial magistrates’ service areas.

According to Section 15(2) of the CrPC, the chief judicial magistrate should assign business to the judicial magistrates under him. In light of this, the CJM is required under this clause to divide up the workload among the Judicial Magistrate First Class (JMFC), Judicial Magistrate Second Class, Special Judicial Magistrate of First and Second Classes, and Sub-Divisional Magistrate.

Judicial magistrate First Class

Establishment of appointments and JMFC’s authority. JMFC is at the hierarchy’s very first level. Applications for offenses that are not very serious go to JMFC. Check bounce cases under NI and other offenses of a lower degree are handled by the same.

According to Section 11(1), the State Government, in collaboration with the High Court, shall establish as many Courts of Judicial Magistrate of the First Class and of the Second Class in each district as it deems necessary. The High Court makes the decision about the entire procedure, which includes the examination and interview.

According to Section 11(2), the High Court shall appoint the presiding officer of the JMFC and Supreme Court. According to section 11(3), the HC has the authority to grant any member of the state’s judicial service the authority of JMFC OR SC to serve as a judge in the civil court. Timings are frequently specified during court appearances. A district court judge will typically handle civil matters before lunch, and after lunch, the JMFC judge will take over and handle criminal offense cases. Sub clause 3 governs this action. We have a common exam called the civil judge junior division examination for this reason.

Role of a Magistrate

A magistrate is a person who renders judgments on unimportant or trivial issues. The Magistrate actually renders the initial judgments in criminal cases. He is said to possess administrative skills. The judge, on the other hand, renders decisions in complex and challenging cases where having legal knowledge and the ability to draw judgments are crucial. A magistrate can only do so little in relation to a judge. The Judicial Magistrate and Chief Judicial Magistrate are chosen by the High Court, whereas the District Magistrate is chosen by the Governor. A magistrate is a person who renders judgments on unimportant or trivial issues. The Magistrate actually renders the initial judgments in criminal cases. He is said to possess administrative skills. The judge, on the other hand, renders decisions in complex and challenging cases where having legal knowledge and the ability to draw judgments are crucial. A magistrate can only do so little in relation to a judge. The Judicial Magistrate and Chief Judicial Magistrate are chosen by the High Court, whereas the District Magistrate is chosen by the Governor.

Sentence of Imprisonment in Default of Fine

A court of magistrates has the authority to impose the maximum sentence of imprisonment permitted by law under Section 30 of the code. However, it is stipulated that the sentence cannot exceed the authority granted by Section 29. Additionally, if incarceration is part of the substantive sentence, it should not last longer than one-fourth of the maximum sentence that the magistrate may impose for the offense, excluding incarceration for failure to pay a fine.

Arrest by Magistrate

In accordance with Section 44 of the code, a magistrate, whether executive or judicial, has the authority to arrest someone, order their arrest, or both when the crime is committed within his local jurisdiction and in his presence. Any individual for whom he is qualified to issue a warrant at the moment and under the circumstances may also be arrested or ordered to be arrested.

Power of Magistrate to Order an Investigation

Under Section 156(3) of the Criminal Procedure Code, 1973 a Judicial Magistrate is empowered to order an investigation when no proper investigation is conducted despite the registration of FIR. Such an order of investigation can only be made for an offence in which the Magistrate is empowered to take cognizance of under Section 190 of the Code.