Courts of Judicial Magistrate of Second Class

This article is part of a series on
Judiciary of India
Law of India
Administration Ministry of Law and Justice Department of Legal Affairs Legislative Department Department of Justice Law Commission of India
Civil courts Supreme Court of India Chief Justice of India Judges of the supreme court High courts of India Chief justices of high courts Judges of high courts District courts of India
Criminal courts Supreme Court of India Chief Justice of India Judges of the supreme court High courts of India Chief justices of high courts Judges of high courts Sessions courts Courts of judicial magistrate of first class Courts of judicial magistrate of second class
Courts of executive magistrates Courts of divisional commissioners Courts of district magistrates Courts of sub-divisional magistrates
Legal profession Bar Council of India Attorney General of India Solicitor General of India Additional solicitors general Advocates general
Legal education Legal education in India Autonomous law schools in India List of law schools in India
Others Alternative dispute resolution Lok Adalat Village courts Constitution of India Basic structure Directive principles Fundamental duties Fundamental rights Judicial review Indian Penal Code Civil Procedure Code Criminal Procedure Code Judicial activism in India National Judicial Appointments Commission Supreme Court Collegium
v t e

Courts of Judicial Magistrate of Second Class are at the lowest hierarchy of the Criminal Court structure in India.^[1] According to the Section 11 of the Criminal Procedure Code, 1973 (CrPc), a Court of Judicial Magistrate of Second Class may be established by the State Government in consultation with the High Court of the respective state at such places in the district and in any number by a notification.

According to Section 29(3) of the CrPC., a Judicial Magistrate of Second Class may pass a sentence of imprisonment for a term not exceeding one year, or of fine not exceeding Five thousand (in madhya pradesh 25 thousand) rupees, or of both.

A Judicial Magistrate of Second Class cannot entertain a Prayer for Police Remand while hearing for police files. If the police remand prayer is received, the same must be kept reserved and the case record must immediately be sent to Judicial Magistrate 1st Class.

A Judicial Magistrate can try such offences which is triable by either "Any Magistrate" or "Judicial Magistrate 2nd Class" as enshrined in the Schedule I & II of the Cr.PC.

Generally, the post for Judicial Magistrate 2nd Class is to be held for 6 months by the newly inducted officers unless the concerned Hon'ble High Court of a State pleased to seem fit to reduce or increase the time period of 6 months.

A production Warrant issued by a Judicial Magistrate 2nd Class must be countersigned by the Chief Judicial Magistrate as per Section 267 Cr.PC

References

This page was last edited on 9 January 2021, at 14:26