Things you must know about the court of Judicial Magistrate

The Court of Judicial Magistrate includes the Chief Judicial Magistrate who is being appointed by the High Court among the Judicial Magistrate First class. So, the Court of Judicial Magistrate also includes Judicial Magistrate first class, Judicial Magistrate Second class.

In the Metropolitan area, Chief Judicial Magistrate and Metropolitan Magistrate are also part of the Court of Judicial Magistrate.

In this article we’ll get to know about the establishment, appointment, functioning, power to pass sentences and jurisdiction.

Establishment of the Court of Judicial Magistrate

Section 11(1) of Code of Criminal Procedure states that the State Government may after consulting the High Court establish as many courts of Judicial Magistrate.

Appointment of presiding officer of such court

Section 11 (2) of Code of Criminal Procedure states that High Court will appoint the presiding officer of the court of Judicial Magistrate

Functioning as a Judge in Civil Court

Section 11 (3) if Code of Criminal Procedure states that High Court if expedient or necessary may confer powers to Judicial Magistrate first class and Judicial Magistrate second class to function as a Judge in civil court.

Power to pass sentence

Section 29 (1) of Code of Criminal Procedure states that Chief Judicial Magistrate may pass sentence upto seven years and unlimited fine. They aren’t authorised to pass a sentence of death or imprisonment for life.

Section 29(2) of Code of Criminal Procedure states that Court of Judicial Magistrate first class may pass a sentence upto 3 years and fine upto ten thousand rupees. Before Code of Criminal Procedure (Amendment) Act, 2005, the Judicial Magistrate first class may provide fine upto five thousand rupees only.

Section 29(3) of Code of Criminal Procedure talks about Court of Judicial Magistrate second class and states that they may pass sentence upto one year and fine not exceeding five thousand rupees. Before Code of Criminal Procedure (Amendment) Act, 2005, the Judicial Magistrate first class may provide fine upto one thousand rupees only.

In case of Metropolitan area, Metropolitan Magistrate shall have the power equivalent to Judicial Magistrate first class and Chief Judicial Magistrate shall have the power of Chief Judicial Magistrate.