Judicial magistrate
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
- Subordinate courts
- District judge
- Sessions court
- Executive magistrate
- High Court's control over subordinate courts
- High Court's power of superintendence