The modern concept of a magistrate is derived from the Roman system, but the powers and duties of magistrates have evolved over time. In many countries, magistrates are now appointed by the government, rather than elected by the people. They also typically have less power than judges, and they are not allowed to hear cases involving serious crimes. In India, a magistrate is a judicial officer who is appointed by the state government. Magistrates have jurisdiction over minor criminal cases, civil disputes, and family matters. They also have the power to issue search warrants and arrest warrants.
Magistrate is someone who can enforce laws within a limited jurisdiction. A magistrate handles cases related to petty theft, traffic violations, and similar small crimes with very set and clear punishments. By taking up petty issues, magistrates reduce the workload of judges, who can concentrate on complex issues, thus making the judicial system efficient.
The qualifications for becoming a magistrate in India vary from state to state. However, most magistrates must have a law degree and several years of experience as a lawyer. They must also pass a competitive examination. Magistrates play an important role in the Indian justice system. They are responsible for ensuring that justice is served in a fair and impartial manner. They also play a vital role in resolving disputes and keeping the peace.
In India, there are 4 categories of Magistrates
- A Chief Judicial Magistrate
- Judicial Magistrates First Class;
- Judicial Magistrates Second Class; and
- Executive Magistrates
Judicial Magistrates can try criminal cases. A judicial magistrate first class can sentence a person to jail for up to three years and impose a fine of up to Rs. 5,000. A judicial magistrate second class can sentence a person to jail for up to one year and impose a fine of up to Rs. 3,000
Executive Magistrates can set the bail amount for a person arrested on the orders of a court located outside the local jurisdiction, to avoid police custody, depending on the terms of the warrant.
The Executive Magistrate also can pass orders restraining persons from committing a particular act or preventing persons from entering an area. But, the Executive Magistrates can not try an accused person and neither can they pass verdicts for or against them.
The roles and duties of a magistrate vary from country to country, but they typically include the following:
Read: Law colleges in Nashik
For Advocate, Attorney or Pleader
Age: – As on 1st October, not less than 21 and not more than 35 years.
Qualification:
Candidate must hold a degree in law and must have practiced as an Advocate, Attorney or Pleader in the High Court or Courts
Subordinates there to for not less than 3 years on 30th June.
Note: – In the case of Public Prosecutors, their service in the state where they apply will be taken as practice at the Bar.
- For Fresh Law Graduates
Age: – As on 1st October, not less than 21 and not more than 25 years.
Qualification :-
(i) Candidate must has secured the degree in law by passing all the examinations leading to the degree in the first attempt and,
(ii) Has secured in the final year examination of the degree in Law or in the case of candidate holding Masters Degree (L.L.M) in Law
in final year examination not less than 55 % marks.
A) Members of ministerial staff to the High Court
B) Members of ministerial staff to the Courts subordinate to High Court
C) Members of staff working as Legal Assistant and above in the legal section of the Law and Judiciary Department in Mantralaya.
D) Members of ministerial Staff of the Office of the Govt. Pleaders attached to those courts.
Age :- For A, B, C & D – As on 1st October not less than 21 and not more than 45 years provided such employee has put in minimum three years of service after obtaining degree in law.
A magistrate is an official who acts as a judge in law courts which deal with minor crimes or disputes. Synonyms: judge, justice, provost [Scottish], bailie [Scottish] More Synonyms of magistrate.
A district magistrate, often abbreviated to DM, is an Indian Administrative Service (IAS) officer who is the senior-most executive magistrate and chief in charge of the general administration of a district in India. The responsibilities assigned to a district magistrate vary from state to state.
A District Magistrate, also referred to as DM, is responsible for the order and law and is the head of the parole officer. While the Collector is the chief head officer of the revenue management and is also responsible for the revenue of land and is the highest judicial revenue authority in the district
