Who Is a Magistrate?

A magistrate is a judicial or executive officer with limited judicial authority. In India, there are two distinct types:

1. Judicial Magistrate (judiciary appointed by the High Court):

• Chief Judicial Magistrate (CJM): Sentences up to 7 years imprisonment
• Judicial Magistrate First Class (JMFC): Sentences up to 3 years and/or fine
• Judicial Magistrate Second Class: Sentences up to 1 year and/or fine

2. Executive Magistrate (civil administration appointed by state government):

• The District Collector/Deputy Commissioner is the District Magistrate
• Powers: maintaining public order, Section 144 CrPC prohibitory orders, disaster relief

Distinction: Judicial Magistrates try criminal cases (judiciary); Executive Magistrates maintain public order (executive branch).