what is the difference between the work of police and the magistrate ?
Answers
Answer:
✓✓Magistrate..
hears evidence and decides whether a person is guilty or not guilty to an offence as charged. A magistrate imposes a penalty on those who are either found guilty or plead guilty to offences. The magistrate's role in court is to ensure that justice is administered fairly and impartially.
✓✓Police.....
Police officers wear many hats when fulfilling their role in society. ... While patrolling and apprehending criminals will still be an important part of the job as a police officer, considerable time will also be devoted to public outreach and proactive problem-solving....
Answer:
Explanation:
Magistrate: Magistrate is a civil officer that has power to administer and enforce the law. He has limited judicial authority.
The word ‘magistrate’ has been derived from the Old.French word ‘MAGISTRAT,’ which means “CIVIL OFFICER IN CHARGE OF ADMINISTRATING LAWS.” From Latin ‘MAGISTRATES’ which also means "A MAGISTRATE, PUBLIC FUNCTIONARY.”
Judge and Magistrate are two terms that are often confused us to mean, It is generally believed that both the terms Judge and Magistrate refer to one and the same person. Actually, both of them differ in more than one aspect. A Judge is bestowed with more powers than a Magistrate. A magistrate has only administrative and limited law enforcement powers. The powers exercised by a magistrate are more than an Administrative Official. Magistrates may preside over lower level criminal cases and some civil matters. They may handle cases, such as, petty theft and small crimes etc. On the other hand, judges handle large cases.
Eg. District Collector / District Magistrate is the administrative head of the district who is a member of the Indian Administrative Service, and is appointed by the Government. He performs the statutory functions as required under various Legislations relating to the Revenue Administration such as revenue collection, taxation and the handling of natural and man-made emergencies etc. As District Magistrate he is responsible for maintenance of law and order, hearing cases under the preventive section of the Criminal Procedure Code, supervision of the police and jails etc. He is also responsible to maintain peace and justice in the district.
The District Judge is head of the entire Judgeship and all other Judicial Offices in that district are under his Subordination. The Court of District Judge is also appellate Court, which exercises jurisdiction both on original side and appellate side in civil and criminal matters arising in the District.
In Surendra Kumar Bhatia Vs. Kanhaiya Lal & Ors. [2009 INSC 194 (30 January 2009)], The Supreme Court has held that a district collector is not a judge and as such cannot seek immunity from prosecution in criminal cases. The court ruled that the immunity granted to judges under Section 77 IPC would not be available to district collectors or the land acquisition officers who acquire private lands and award compensation.
“The Collector is neither a Judge as defined under Section 19 nor does he act judicially, when discharging any of the functions under the (Land Acquisition) Act. Therefore he is not entitled to protection under Section 77 IPC.”
"In making an award or making a reference or serving a notice, the Collector neither acts in judicial nor quasi judicial capacity but purely in an administrative capacity, exercising statutory powers as an agent and representative of the Government/Acquiring Authority," the court observed.
Magistrates are classified into four categories according to the provisions of the Criminal Procedure Code, 1973