What is executive magistrate India?

An Executive Magistrate is an officer of the Executive branch (as opposed to the Judicial branch) who is invested with specific powers under both the CrPC and the Indian Penal Code (IPC). These powers are conferred by Sections 107–110, 133, 144, 145, and 147 of the CrPC.

What are the powers of magistrate?

Section 144 of the Code confers upon the Magistrate the powers to protect public tranquility. The Magistrate may order immediate prevention of public nuisance or speedy remedy for an apprehended danger when such a nuisance or danger can cause disturbance to public tranquility or lead to riots or affray.

Is Executive Magistrate and SDO same?

SDM exercise powers of Executive Magistrates. In this role they are responsible for operating preventive Sections of CrPC and maintain “Law and order”, and have powers to arrest of person . (according to section 44 of Criminal Procedure Code ).

What is difference between Executive Magistrate and judicial 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.

What is difference between judge and Magistrate?

The word judge has been derived from French word juger. A civil officer or a minor judicial officer in specific areas like district, town, etc is called as Magistrate. The mandate of Magistrate is to handle minor cases. A Judge is not a civil officer neither is he a minor judicial officer.

Can a Magistrate give punishment?

(1) 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.

What is the difference between judicial magistrate and executive magistrate?

Who is 1st class executive magistrate in India?

Magistrates in Group-A Category by status with judicial powers are called Magistrate 1st Class. District magistrates as Magistrates of First Class.

Is executive magistrate and SDO same?

Who is more powerful judge or magistrate?

A Judge is appointed by the President of India, whereas the Magistrate is appointed by the High Courts. A Judge has more powers than a Magistrate.

What is the difference between executive magistrate and judicial magistrate?

Can a Magistrate try a murder case?

The process is known as remand which holds the person in custody till their trial or conviction in a serious crime like murder and is also referred to as pre-trial detention. However, as per Section 167, the magistrate can allow for the custody of the accused of not more than 15 days.