1st class megistrate
Tamcoo
(Querist) 09 November 2011
This query is : Resolved
Dear Sir,
Is Tehsildar or SDM comes in the catagory of 1st Class Megistrate.
Please also share who are 1st Class Megistrate and their power/right.
Thanks
Dinesh
ajay sethi
(Expert) 09 November 2011
There are four categories of magistrates in India. This classification is given in the Criminal Procedure Code, 1973. It stipulates that in each sessions district, there shall be
A Chief Judicial Magistrate
Judicial Magistrates First Class;
Judicial Magistrates Second Class; and
Executive Magistrates
Courts of Judicial Magistrate of First Class are at the second lowest level of the Criminal Court structure in Iindia
A judicial magistrate first class can sentence a person to jail for up to three years and impose a fine of up to Rs 10,000. 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.
Ravikant Soni
(Expert) 09 November 2011
The answer is NO.
SDM is different than Ist class magistrate.
He is not in category of JUDICIAL magistrate.
The category of Ist and IInd class made for Judicial courts.
Hence, SDM is an executive magistrate has different category.
And Tehsildar does not come even in class of magistrate.
Guest
(Expert) 09 November 2011
Dear Tamcoo,
Magistrates in Group-A Category by status in their service with judicial powers are called Magistrate 1st Class. District magistrates are Magistrates of First Class. The official seal, which such Magistrates use, also incicates their being of 1st Class Category.
SDM and Tehsildar do not fall within the category of Magistrate of 1st Class. SDM's in Sub-Divisions are normally of 2nd Class and tehsildars in a state are treated as 3rd Class magistrates.
Tamcoo
(Querist) 09 November 2011
Thanks Seniors!
All of the above answers cleared by query.
Thanks once again.
Rgds/Dinesh
prabhakar singh
(Expert) 09 November 2011
most welcome!next time i would be there to serve you.
V.V.RAMDAS
(Expert) 10 November 2011
Dear Tamcoo,
The answer given by RAvikant soni is absoutly correct and I agree with him but answers given by others is not fully corrrect. Classification of Magistrate exists in judiciary only but not in Revenue dept. How ever All revenue Magistrates are Executive Magistrates including District Magistrate. Tahaildar is a Excutive Magistrate if the power is vested with him by the Governmet.
dev kapoor
(Expert) 10 November 2011
S.20 Cr.P.C=The Govt may appoint as many persons as it thinks to be Executive Magistrates of the first class (or second class). Simply because an officer is a Tehsildar,he may not be Executive Magistrate (UNLESS THE GOVT SO APPOINTS HIM)In that case even a NAIB TEHSILDAR can be Executive Magistrate.Likewise "Govt may place ANE EXECUTIVE MAGISTRATE of the first class or second class in charge of a sub-division.He is known as SDM.
Apart from Executive Magistrates,there are Judicial Magistrates as well.The broader difference in the powers of both is that whereas formers exercise "preventive" powers,latter exercise "Punitive" powers with certain exception for powers u/s 145 Cr.P.C....But Executive Magistrates are rarely vested powers to punish.
A. A. JOSE
(Expert) 11 November 2011
I agree with S/shri.Ramdas and Dev Kapoor.
Guest
(Expert) 11 November 2011
Dear S/Shri Ramdas and Dev Kapoor,
With reference to your statement "answers given by others is not fully corrrect," would you please like to reread the question and the category under which it was posted?
The question was about First Class Magistrate, BUT NOT about Executive Magistrate or for distinction between an executive magistrate and the magistrate on the revenue side. Question was of general nature and also poted in the category of Civil Law.
