Apart from Judicial Magistrates, the state government can appoint in every district as many persons as it considers necessary as Executive Magistrates and one of them is appointed the District Magistrate. Similarly the state government can appoint a Special Magistrate from time to time in a particular area and give him such powers of the Magistrates as it deems fit. Thus there are five classes of Executive Magistrates:
(i) District Magistrate
(ii) Additional District Magistrate
(iii) Sub-Divisional Magistrate
(iv) Executive Magistrate
(v) Special Magistrate
The state government can also appoint Executive Magistrates in metropolitan areas. District Magistrates, who are subject to the control of the state government, define from time to time the local limits of the areas within which Executive Magistrates may exercise their powers.
The state government can appoint Additional District Magistrates. The Chief Judicial Magistrate or Chief Metropolitan Magistrate can pass any sentence except a sentence of death or of imprisonment for life or imprisonment for a term exceeding seven years. In default of payment of fines, the court can pass a further sentence of imprisonment.
A Magistrate exercising first class powers is authorised to award the maximum sentence of imprisonment (simple or rigorous) for a term of three years of a fine not exceeding Rs 5,000 or both. A Second class Magistrate is empowered and is competent to pass a sentence of imprisonment not exceeding two years and fine not exceeding Rs 1,000 or both.
A Magistrate of the first class has wider jurisdiction and powers than a second class Magistrate.
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