Judicial magistrate

Polity & Governance glossary

Topic: Justice Delivery: Subordinate Courts, Tribunals, Legal Aid and Judicial Reforms · NCERT: Beyond NCERT

Meaning

A judicial magistrate is a judge who tries criminal cases that are less serious than those heard by a sessions court. Under the BNSS 2023 there are three ranks:

  • Chief Judicial Magistrate: can sentence up to 7 years.
  • Judicial Magistrate First Class (JMFC): up to 3 years and a fine of up to ₹50,000.
  • Judicial Magistrate Second Class: up to 1 year and a fine of up to ₹10,000.

The BNSS dropped the separate Metropolitan Magistrate category.

Example

Suppose a person is charged with an offence carrying a maximum of 2 years in prison. A JMFC can try the case and pass the sentence.

Don't confuse with

  • Executive magistrate: the DM or SDM. They keep public order and issue prohibitory orders, but they do not try cases.

Related concepts

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