Hey, today I would like to focus your attention on such a question than what is the difference between JUDGE and MAGISTRATE? After reading my answer you hardly have any question about that Question.
To understand the answer and difference between Judge and Magistrate, you should understand first that there are two types of cases in judiciary.
- CIVIL CASES
- CRIMINAL CASES
In Hindi Civil Cases are called, “VYAVHAR MAMLE”.
In Urdu Civil Cases are called, “DIWANI MAMLE”.
In Hindi Criminal Cases are called, “DANDIK MAMLE”.
In Urdu Criminal Cases are called, “FAUJDARI MAMLE”.
We get information about what are civil cases and what types are there in Section 9 (All Suits of Civil Nature) of the Code of Civil Procedure. Courts to try all civil suits unless barred. The Courts shall (subject to the provisions herein contained) have jurisdiction to try all suits of a civil nature excepting suits of which their cognizance is either expressly or impliedly barred. So what are Civil Cases? – Civil cases are cases in which compensation, relief, and rights are sought. And what are Criminal Cases? – Criminal cases are cases in which there are provisions for Punishment and punishment for crime has been demanded. This is the main difference between Civil cases and Criminal cases. By taking the example of civil and criminal cases, you will be able to understand well what is Civil cases and what is Criminal cases.
First of all, it is very important to understand one thing that some cases are of both types, you can understand it by an example.
EXAMPLE:- Somebody has illegally or forcefully occupied your land or someone has illegally or forcefully occupied your house, In this case, you can go to the Court and bring a civil suit and can demand compensation for the time that person occupied your house or land. You should be compensated for that time. This is the Civil matter where you demanded compensation and demanded your rights from the Honourable civil Court. And in this same case, you can also go to the Criminal Court and can demand punishment from the court for the person who takes possession or occupied your house or land. You can demand from the Honourable Criminal court to put him in jail for taking possession of your house or land.
Judge vs Magistrate
Types of Court:-
- Lower Court
- Upper Court/District or Sessions Court
- High Court
- Supreme court
Where you have demanded relief and, rights and compensation these cases are the Civil Case, and whoever hears these Civil Cases is called JUDGE (CIVIL JUDGE/ VYAVHAR NYAYADHISH) And in cases where you have demanded punishment from the Court, you have demanded to be put in jail these cases are called Criminal cases and whoever deals/hears with them is called MAGISTRATE (DANDADHIKARI). Let me tell you to your knowledge that’s the only difference between Judge and Magistrate.
Some cases are of special civil nature such as Copyright cases, Patent cases, Trademark cases. Copyright, Patent, Trademark cases are called pure Civil cases. But like I said above that some cases are of both nature (Civil/Criminal), it depends on your type of remedy meaning which type of remedy you have demanded, then it depends on the type of remedy whether it will be Civil nature or of Criminal nature.
Judge and Magistrate sit in lower Court(Nichli Adalat). At lower Court Judges and magistrates are of 2 classes, First Class and Second Class. As we go to the Upper Court/District level, at district level Civil Cases go to the District Court and Criminal Cases go to the Sessions Court. (District and Session Court ) At the district level Civil cases hears by the District Judge and Criminal Cases hears by the Sessions Judge. But as soon as you go to the Honourable High Court and Honourable Supreme Court their(judge) presence there is considered Justice. That is why they are not called Judge and Magistrate, they are called JUSTICES (NYAYMURTI Justice). Judge himself considered the IDOL OF JUSTICE in the High Court and Supreme Court.
