The Difference between Magistrate and Judge lies in their level of authority, jurisdiction, appointment, and nature of cases handled within India’s judicial system. Magistrates primarily deal with minor criminal cases at the subordinate level, while Judges preside over higher courts and handle both civil and serious criminal matters. Their powers are defined by constitutional provisions and procedural laws such as the Bharatiya Nagarik Suraksha Sanhita (BNSS), and constitutional articles governing the judiciary. Understanding this distinction is essential for clarity on India’s criminal justice hierarchy.
Difference between Magistrate and Judge
Magistrates and Judges perform judicial functions but differ significantly in appointment method, powers, jurisdiction, court hierarchy, and types of cases handled.
| Difference between Magistrate and Judge Comparison | ||
| Aspect | Magistrate | Judge |
|
Meaning |
A Magistrate is a judicial officer who handles minor criminal cases and oversees arrests, investigations, and preliminary trials. |
A Judge is a senior judicial authority who decides serious civil, criminal, and constitutional cases in higher courts. |
|
Legal Basis |
Appointed under statutory law; functions governed mainly by BNSS (earlier CrPC) |
Appointed under Articles 124, 125. 217, 233 and 244 of the Constitution of India |
|
Level in Judiciary |
Part of the subordinate judiciary |
Belong to District Judiciary, High Courts, or Supreme Court |
|
Appointment |
Appointed by State Government in consultation with High Court |
District Judges by Governor in consultation with High Court; HC and SC Judges by President of India |
|
Types |
Judicial Magistrate First Class (JMFC) & Second Class, Chief Judicial Magistrate (CJM), Metropolitan Magistrate, Special/ Sub-divisional Magistrate |
Civil Judge (Junior/ Senior), District Judge, High Court Judge, Supreme Court Judge |
|
Nature of Cases |
Deals mainly with minor criminal cases like theft, assault, public order offences |
Handles civil, criminal, constitutional, and appellate matters |
|
Trial Powers |
Conducts summary trials and warrant cases under BNSS |
Conducts sessions trials, civil suits, writs, and constitutional cases |
|
Punishment Powers |
CJM can award imprisonment up to 7 years and fine (BNSS) |
Supreme Court Judges can award life imprisonment or Capital Punishment |
|
Court of First Instance |
Often the first court where criminal cases are registered and heard |
District Judges may act as trial and appellate courts |
|
Jurisdiction |
District Courts (for minor criminal offences), Metropolitan courts, and Specialized Lower Courts (family, labour, etc.) |
District Courts, High Courts and Supreme Court |
|
Independence Level |
Judicially independent but administratively under High Court control through district judiciary |
High constitutional independence with security of tenure |
|
Appeals From Their Orders |
Appeals lie before District Court or High Court |
Appeals from District Judge go to High Court, from HC to Supreme Court |
|
Qualification Requirement |
Law degree (not always mandatory) with judicial service examination conducted by states |
Minimum 3 years of judicial or legal practice for entry level, and 7-10 depending on further levels |
|
Role in Criminal Procedure |
Authorises arrest warrants, remand, search warrants, cognizance of offences |
Conducts full-fledged trials, hears appeals, and interprets law |
|
Salary |
For JMFC: ₹77840 – ₹1,36,520 as per 2nd National Judicial Pay Commission |
For Junior Civil Judge: ₹77840 – ₹1,36,520 as per 2nd National Judicial Pay Commission |
Last updated on December, 2025
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Difference between Magistrate and Judge FAQs
Q1. What is the main Difference between Magistrate and Judge?+
Q2. Who appoints a Magistrate and a Judge?+
Q3. Can a Magistrate hear civil cases?+
Q4. Who has higher punishment powers, Magistrate or Judge?+
Q5. In which courts do Magistrates and Judges work?+
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