404 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
3. District Magistrate and 1st Class Magistrate
The Code does not recognize any particular Court as that of the District Magistrate, but only Courts of 1st, 2nd and 3rd Class Magistrate.
Where a trial was commenced by an officiating District Magistrate and before its close he reverted to his original position as 1st Class Magistrate in which capacity he had jurisdiction over the offence, it was held : he had jurisdiction to continue the trial.
Emp. v/s Sayed Sajjad Husain 3 A.L.J. 825
- As regards original jurisdiction, whatever the District Magistrate might do with regard to offences committed outside the division, the Sub-Divisional Magistrate is competent to try within his local jurisdiction. 4 A. 366.
4. Special Magistrate
Section 14(1)
- (1) In any local area persons may be vested with the powers of the Magistrate of the 1st, 2nd or 3rd class in respect of particular cases or classes of cases or in regard to cases generally.
(2) To be called a Special Magistrate and to be prescribed for a term.
(3) Such a person may be an officer under its control.
(4) If he is a police officer, he shall not be below the grade of Assistant District Superintendent and he shall not have any power beyond what is necessary for :
(i) preserving the peace
(ii) preventing crime
(iii) detecting, apprehending and detaining offenders in order to their being brought before a Magistrate
(iv) the performance by him of other duties imposed upon him by any law for the time being in force.
5. Bench Magistrates
Section 15 (1)
- Any two or more Magistrates may sit together as a Bench and may hear such cases or such classes of cases only and within such local limits as may be prescribed in that behalf.