Civil Procedure Code (CPC)

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Awni Ranjan (Online Corporate Trainer )     14 December 2020

Judicial / executive magistrate

Q. What is the difference between Judicial Magistrate and Executive Magistrate , e.g. Chief Judicial magistrate and Chief Metropolitan Magistrate ?  



 4 Replies

Pradipta Nath (Advocate)     14 December 2020

According to Section 29 (1) of the Code Of Criminal Procedure, 1973 The Court of a Chief Judicial Magistrate may pass any sentence authorised by law except a sentence of death or of imprisonment for life or of imprisonment for a term exceeding seven years. 

According to Section 29 (2) of the Code Of Criminal Procedure, 1973 The Court of a Magistrate of the first class may pass a sentence of imprisonment for a term not exceeding three years, or of fine not exceeding ten thousand rupees, or of both. 

Sec 29 (3) The Court of a Magistrate of the second class may pass a sentence of imprisonment for a term not exceeding one year, or of fine not exceeding five thousand rupees, or of both. 

Sec 29 (4) The Court of a Chief Metropolitan Magistrate shall have the powers of the Court or a Chief Judicial Magistrate and that of a Metropolitan Magistrate and that of a Metropolitan Magistrate, the powers of the Court of a Magistrate of the first Class.

Section 20 in The Code Of Criminal Procedure, 1973 explains about Executive Magistrate. The only difference between the Judicial Magistrate and the Executive Magistrate is that all cases can handle by the Judicial Magistrate whereas certain issues relating to public peace, maintenance of Law and Order etc can be handle by the Executive Magistrate.

1 Like

Awni Ranjan (Online Corporate Trainer )     15 December 2020

Many thanks for the reply quoting relevant section 

My next and last query is " whether CJM comes under High Court or State Government ?

 

Pradipta Nath (Advocate)     15 December 2020

High Court.

Awni Ranjan (Online Corporate Trainer )     15 December 2020

Thanks for quick reply


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