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.
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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.
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Magistrate Eligibility Criteria
For Advocate, Attorney or Pleader
Age: - As on 1st October, not less than 21 and not more than 35 years.
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.
(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.