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Law Dictionary Home Dictionary Definition magistrate

Magistrate, means the Judicial Magistrate of the first class, or as the case may be, the Metropolitan Magistrate, exercising jurisdiction under the Code of Criminal Procedure, 1973 (2 of 1974) in the area where the aggrieved person resides temporaily or otherwise or the respondent resides on the domestic violence is alleged to have taken place. [Protection of Women from Domestic Violence Act, 2005, s. 2(i)] Means: (1) A man publicly vested with authority, a governor, an executor of the laws. (2) A paid justice of the peace. See STIPENDIARY MAGISTRATE; METROPOLITAN POLICE (3) An unpaid justice of the peace. See JUSTICES. The expression 'Magistrate' has been defined to mean a District Magistrate, a Sub-Divisional Magistrate, a Presidency Magistrate or a Magistrate of the first class specially empowered by the State Government, by notification in the Official Gazette, to exercise jurisdiction under this Act, State of U.P. v. Kaushaliya, AIR 1964 SC 416 (420): (1964) 4 SCR 1002. The expression 'Magistrate' is a compendious term which includes Judicial Magistrate of the first class, Metropolitan Magistrate, Judicial Magistrate of the second class and Executive Magistrate, A.R. Antulay v. R.S. Nayak, AIR 1984 SC 718 (728): (1984) 2 SCC 500: (1984) 2 SCR 914. The word shall include all persons within the general police district, exercising all or any of the powers of a Magistrate. [Police Act, 1861 (5 of 1961), s. 1] Means--(1) in relation to a metropolitan area within the meaning of clause (k) of s. 2 of the Code of Criminal Procedure, 1973 (2 of 1974), a Metropolitan Magistrate; (2) in relation to any other area, the Chief Judicial Magistrate, Sub-Divisional Judicial Magistrate or such other Judicial Magistrate of the first class as the State Government may, by notification, empower to perform the functions of a Magistrate under this Act. [Mental Health Act, 1987 (14 of 1987), s. 2(h)] Magistrate shall include every person exercising all or any of the powers of a Magistrate under the Code of Criminal Procedure for the time being in force. [General Clauses Act, 1897 (10 of 1897), s. 3(32)]

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