The functions of the Judicial Magistrate or Metropolitan Magistrate under the present set-up can be summarised as follows:
(i) Prevention of offences: The power to require security for keeping the peace on conviction; in other specified cases, to imprisonment in default of security.
(ii) Order: For maintenance of wives, children and parents unable to maintain themselves.
(iii) Power in relation to investigation: power to order a police officer to investigate a non-cognizable cases or a cognizable offence of which he has taken cognizance to hold investigation or preliminary inquiry on receipt of the report of a police officer under section 157; to record confessionals statements made in the course of investigation; to police and to authorise detention of arrested persons pending investigation; to stop investigation where it is not concluded within six months; to receive the accused for trial along with police reports.
(iv) Power to take cognizance of offences: There cannot be a trial of any offence unless it has been taken cognizance of by a Judicial Magistrate. Broadly speaking, a Magistrate who has no power to try a case or commit it for trial is not competent to take cognizance.
(v) Power to commit a case for trial by a court of Sessions: When the offence of which the Magistrate has taken the cognizance is such that it can only be tried by a Court of Sessions, he must commit the case to that court for trial.
(vi) Power to try a case: Cases other than those exclusively triable by a Court of Sessions are triable by a Judicial Magistrate under different procedures, according to gravity of the offence: (a) Warrant (b) Summons, and (c) Summary procedures.
Where an offence is triable by a Magistrate of the first or second class, is determined with reference to the First Schedule to the Criminal Procedure Code. The expression 'any Magistrate' of the First Schedule, against certain offences- for example, Section 461-462 Indian Penal Code-means a Judicial Magistrate either of the first or second class; Executive Magistrate has no power of trial under the new code.
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