Who is a Judge? | Indian Penal Code


Section 19 of the Indian Penal Code, 1860 states that any person who is officially designated as a Judge and the person empowered by law to give any legal proceedings which may be civil or criminal or revenue and who is also empowered by law to give a judgment. A magistrate is a Judge when he is exercising jurisdiction and has the power to sentence to fine or imprisonment.


A Judge can be a member of a Panchayat when trying and determining the suit and having the power to do so under Regulation VII, 1816 of Madras Code. A collector is also a Judge when he is exercising jurisdiction in a suit. Hanumantha v. Lakshmayya (1937), an election officer who is empowered to remove names from electoral rolls is a Judge.


But an Inspector of Cooperative Societies appointed to scrutinize nomination papers at an election is not a Judge, as held in Data Ram v. Bed Prakash (1970) The president of a Union Board is also a Judge when he accepts or rejects nomination papers. In Emperor v. Shankar (1938), the Village Police is also considered as a Judge when he decides cases under Section 14 of the Bombay Village Police Act, 1867. But those magistrates who can only give definitive judgments or when they have the power only to commit for real to another court, then they aren't Judge.





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