SDM or DM? Who Is First Class Magistrate In India?

SDM or DM is the highest rank in the Indian Administration Service (IAS), In every district and in every metropolitan area, the State Government may appoint Executive Magistrate and shall appoint one of them to be the District Magistrate; it may also appoint and Additional District Magistrate (ADM), and for a sub-division a Sub-division Magistrate (SDM).

Hierarchy of Executive Magistrates

(a) District Magistrate (Additional District Magistrate

(b) Sub-divisional Magistrate

(c) Executive Magistrate

(d) Special Executive Magistrate

Sub-divisional Magistrate (SDM):- The State Government may place an Executive Magistrate in charge of a sub-division and may relieve him of the charge as occasion requires; and the Magistrate so placed in charge of a sub-division shall be called the Sub-divisional Magistrate (SDM).

District Magistrate (DM):- In every district and in every metropolitan area, the State Government may appoint Executive Magistrate and shall appoint one of them to be the District Magistrate (DM), it is one of the highest rank in Indian Administration Service (IAS).

Executive Magistrate  :- The Code has adopted the policy of separation of the judiciary from the executive. Therefore, it has created a separate category of courts which are distinct from the Courts of Judicial Magistrate. The object of the policy of separation is to ensure the independent functioning of the judiciary free of all suspicion of executive influence and control.

 Therefore, the Judicial Magistrates and Metropolitan Magistrate are put under the control of the High Court, while Executive Magistrate are kept under the control of the State Government. Broadly speaking, the functions which are essentially judicial in nature are the concern of the Judicial Magistrates, while functions which are “police” or “administrative” in nature are the concern of the Executive Magistrates.

In every district and in every metropolitan area, the State Government may appoint Executive Magistrate and shall appoint one of them to be the District Magistrate; it may also appoint and Additional District Magistrate (ADM), and for a sub-division a Sub-division Magistrate (SDM).

The State Government may, by general or special orders, delegate its powers under Section 20(4) of appointing Sub-divisional Magistrate, to the practice (sanctioned by local laws) of conferring magisterial powers of executive nature on a Commissioner of Police.

The State Government may also appoint Special Executive Magistrates for particular areas or for performing particular functions of an Executive Magistrate.

Special Executive Magistrate:- The State Government may appoint, for such term as it may think fit, Executive Magistrate, to be known as Special Executive Magistrates for particular areas or for the performance of particular functions and confer on such Special Executive Magistrates such of the powers are as conferrable under this Code on Executive Magistrates, as it may deem fi

Judicial Magistrate (JM):-  In every district the State Government may, after consultation with the High Court, established as many Court of Judicial Magistrate of the first class and of the second class as it may consider necessary.

Classes of Criminal Courts

(i) Courts of Session;

(ii) Judicial Magistrates of the first class and, in any metropolitan area, Metropolitan Magistrates;

(iii) Judicial Magistrate of the second class; and

(iv) Executive Magistrates

Court of Judicial Magistrate:- The First Class Judicial Magistrate is a Judicial Officer who presides over the Criminal Court. In every district (not being a metropolitan area), there shall be established as many Courts of Judicial Magistrate of the first class and of the second class, and as such places, as the State Government may, after consultation with the High Court by notification specify;

Power of a Courts:-

• The Court of a Chief Judicial Magistrate (CJM) may pass any sentence authorized by law except a sentence of death or of imprisonment for life or of imprisonment for a term exceeding seven (7) years.
• Magistrate of the First Class may pass sentence imprisonment for a term not exceeding three years, or of fine not exceeding (10,000) or of both.
• Magistrate of the Second Class may pass sentence imprisonment for a term not exceeding one year, or of fine not exceeding (5,000) or of both.
• The Court of a Chief Metropolitan Magistrate shall have the powers of the Court of a Chief Judicial Magistrate and that of a Metropolitan Magistrate, the powers of the Court of a Magistrate of the first class.