Constitution and Power of Criminal Court
The power of Chief Judicial Magistrate given under section 29(1). According to section 29(1) Chief Judicial Magistrate may pass any sentence authorized by law except the sentence of death, life imprisonment and imprisonment more than 7 years.
Section 29(2) of Code of Criminal procedure deals with Judicial Magistrate 1st class may pass any sentence authorized by law except the sentence of death, life imprisonment and imprisonment more than 3 years and he may also impose fine upto 10,000 Rs and in Maharashtra and Rajasthan they may impose fine upto Rs.50,000/-
Section 29(3) talks about Judicial Magistrate 2nd Class may pass any sentence authorized by law except the sentence of death, life imprisonment and imprisonment more than 1 year and he may also impose fine upto 5,000 Rs and in Maharashtra he may impose fine upto Rs.10,000/-
Establishment, And Powers Of Court Of Metropolitan Magistrate
The establishment of Court of Metropolitan Magistrate is given under section 16 of code of Criminal Procedure and according to section 17 any Metropolitan Magistrate shall be appointed as a Chief Metropolitan Magistrate by High Court.
Powers of Court of Metropolitan Magistrate
According to section 29(4) the Chief Metropolitan Magistrate and Metropolitan Magistrate shall possess the same power of Chief Judicial Magistrate and Judicial Magistrate First Class i.e Chief Metropolitan Magistrate may pass sentence of imprisonment upto 7 years and Metropolitan Magistrate may pass sentence of imprisonment upto 3 years and fine upto 10,000 Rs and in Maharashtra and Rajasthan Rs.50,000/-
Power And Function Of Executive Magistrate
Section 20 of Code of Criminal Procedure deals with Executive Magistrate. In every district and in every Metropolitan area State Government may appoint the executive Magistrate and shall appoint one of them to be District Magistrate.
The function of Executive Magistrate is given under section 129,130,131 and 144 in Code of Criminal Procedure, 1973.
Conclusion
Now I would like to conclude that the powers of Criminal Courts are different but Chief Metropolitan Magistrate possess the same power of Chief Judicial Magistrate and Metropolitan Magistrate possess the same power of Judicial Magistrate First Class. We also see a Sessions Judge or Additional Sessions Judge may pass any sentence but in case of sentence of death it shall be subject to the confirmation of High Court under section 366 of the Code of Criminal Procedure.
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