Section 6 describes the various types of criminal courts, namely Sessions Courts, Judicial Magistrates of the First Class and Metropolitan Magistrates, Judicial Magistrates of the Second Class and lastly Executive Magistrates.
Whenever the code uses the expression “Magistrate” it should be understood as referring only to Judicial Magistrate of the First Class or Second Class or to Metropolitan Magistrate who always exercises First Class powers.
The unqualified expression “Magistrate” does not refer to Executive Magistrates. The functions of Executive Magistrates are entirely different from those of a Judicial Magistrate.
The Executive Magistrate who is generally of the rank not below that of a Tahsildar is concerned with law and order situation, exhumation proceedings etc. and he does not discharge judicial functions except to a very limited extent as for instance in cases coming under Section 167(2)(A).
ADVERTISEMENTS:
There are no special Magistrates under the code as it now stands but under Section 13(1) the High Court may confer powers of a special Judicial Magistrate upon any Magistrate at the request of the Central or State Government to deal with particular cases or particular classes of cases.
The Magistrate of the First Class is competent to pass a sentence of imprisonment for a term not exceeding three years or of fine not exceeding Rs. 5,000/- or both. A Magistrate of the Second Class may pass a sentence of imprisonment for a term not exceeding one year or fine not exceeding Rs. 1,000/- or both (under Section 29).
But these powers in special enactments have been enlarged by that enactment which is notwithstanding the powers so enumerated in Criminal Procedure Code.