What is the Difference Between a Magistrate and a Judge?

Who is a Magistrate?

A magistrate is a minor judicial officer or a civil officer who administers the law in a particular area like a town, district etc. He handles legal cases just like a judge but does not have as much power as a judge. The magistrate has limited law enforcement powers as compared to the law enforcement powers exercised by a judge. There are different types of magistrates such as:

1. Judicial Magistrate: He or she is subordinate to the Chief Judicial Magistrate and is governed by the Session Judge.

2. Chief Judicial Magistrate: The high court appoints a first-class judicial magistrate as the chief judicial magistrate in every district. He or she is subordinate to a session judge.

3. Metropolitan Magistrate: The magistrate appointed for the towns whose population is more than one million is called Metropolitan Magistrate. They report to session judge and are subordinate to the chief metropolitan magistrate.

4. Executive Magistrate: They are appointed in the district as per the discretion of the state government. Two of the executive magistrates are appointed as a district magistrate and as an additional district magistrate.
    

Who is a Judge?

A judge is a person who presides over court proceedings, either alone or as a part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and, typically, in an open court. The judge hears all the witnesses and any other evidence presented by the barristers or solicitors of the case, assesses the credibility and arguments of the parties, and then issues a ruling on the matter at hand based on their interpretation of the law and their own personal judgment. In some jurisdictions, the judge's powers may be shared with a jury.
 

Differences between a Magistrate and a Judge:

1. A magistrate is civil officer or a minor judicial officer in specific areas like district, town, etc. Whereas a Judge is not a civil officer neither is he a minor judicial officer. A Judge is a judicial officer who analyses evidence which is presented to him in relation to a legal case. A judge administers proceedings of the court and passes his judgements on the case.

2. The High Court’s appoint the Magistrate whereas the President of India appoints the Judge.

3. A Magistrate does not have the power to award life imprisonment or a death sentence but a convict can be awarded life imprisonment or death sentence by a Judge depending on the seriousness of the crime.

4. A magistrate has lesser powers than a judge. Since a judge is judicial officer with a law degree so he or she has a better understanding of a case.

5. A magistrate handles minor cases whereas a judge handles more complex cases.

6. A magistrate has a much smaller jurisdiction than a judge. A judge has a more expansive jurisdiction.