Friday, 28 January 2022

Difference Between Judges and Magistrates

                      Difference Between Judges & Magistrates

The word Judge derived from the French word ‘Juger' and the word Magistrate is derived from English Word ‘ Magistrate’ . The Judges and Magistrates presides over courts and are responsible to make wide range of decisions on different matters of Law. The words Judge and Magistrates are often used interchangeably as synonyms but they are not same. There are differences in the functions and powers of both the Judges and Magistrates. Supreme Court is the highest Court of the Country and the High Courts are the highest courts of each states the Judges of these courts are called Justice. The presiding officers of the district and session courts are named as Judges and Magistrates. Let's know who is called as judge and who is called as Magistrate-

When a Court in district level adjudicate cases of civil matters, it is called District Court. And when the court adjudicates the criminal matters it is called Session’s Court. Now it is to be cleared that the presiding officers of civil cases and criminal cases are not different, their designation changes according to the cases. When the presiding officer adjudicates any civil case he or she is called civil Judge but when he or she adjudicates criminal case he is called as Judicial Magistrate. The designation of Judicial Magistrate is more powerful than of a Civil Judge.

Powers and Functions of Judicial Magistrates:

  • A magistrate handles all criminal cases. All jurisdictions in the criminal work is deputed to the Judicial Magistrates.

  • The Chief Judicial Magistrate exercises the criminal power over whole district. The Chief Judicial Magistrate inspects the court and offices of Magistrates. And inspects jail and lock- ups monthly.

  • The C. J. M. tries criminal cases the punishment of which is not more than 7 years. 

  • Section 29 C of the Criminal Procedure Code empowers the court of Magistrate to pass any sentence except the sentence of death or imprisonment for a term exceeding 7 years.

Powers and Functions of Judicial Magistrates:

  • The civil judges junior division has the power to decide civil cases worth up to rupees 100000.

  • The civil judges senior division has the power to try civil suits of the valuation of rupees 100000 to unlimited.

  • Civil Judge has been empowered to try the criminal cases as judicial Magistrate first class . At that time he has the powers to hear the criminal cases.

  • The civil judges junior division has the power to decide cases of Succession Act for the property valued up to rupees 250000.

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