VISIT TO OFFICE OF EXECUTIVE MAGISTRATE

Before visiting to the office of executive magistrate, I only know that the executive
magistrate is the one who resolves the cases related to revenue collection. Afterwards we get
to know the clearer distinction between the jurisdiction of a DM and DC. The two names
refer to a single post yet their work differs.
The administration officer when performs the following functions, he is termed as District
Collector [DC]:
1. Land assessment
2. Land acquisition
3. Collection of land revenue.
4. Collection of various taxes.
5. Distribution of agricultural loans.
If he performs following duties:
1. Maintenance of law and order.
2. Supervision of subordinate executive.
3. Supervision of police and jails.
Then he is called District Magistrate [DM] or Executive Magistrate. The hierarchy
understood by me was that:
1st – District Magistrate [DM]: The District Magistrate is responsible for the maintenance of
law and order in the district.
2nd – Additional District Magistrate [ADM]: The Additional District Magistrate enjoys the
same powers as that of District Magistrate under the rules. Also, in absence of DM he holds
the designation as DM.
3rd – Sub- Divisional Magistrate [SDM]: The SDM is Near about same role as DM of that sub
division. Power of administrative, development, judicial, maintaining law and order, and
control land revenue of that area (in behalf of collector).
4th – Sub- Divisional Officer [SDO]: The SDO is either a newly recruited member of the IAS
or a member of the State Civil Service. Like in Rajasthan a RAS can be the SDM of a unit.
5th – Tehsildar: A tax Officer accompanied with Revenue inspectors is a tehsildar. So, the in
charge of collecting taxes in a tehsil with regard to land revenue.
6th – Deputy tehsildar: in the absence of tehsildar deputy tehsildar works and has the same
roles as a tehsildar has.
It was learnt that, there are four categories of magistrates in the Judiciary of India. This
classification is given in the Criminal Procedure Code, 1973 (CrPC). It stipulates that in each
sessions district, there shall be:
1. a Chief Judicial Magistrate,
2. a Sub-Divisional Judicial Magistrate,
3. a Judicial Magistrates First Class, and
4. an Executive Magistrates [including DM, ADMs, SDMs].
So, all the powers and jurisdiction of the same is discussed below:
1. The Chief Judicial Magistrate [CJM] (including Additional Chief Judicial
Magistrates.) CJMs hear all types of criminal cases. All magistrates' courts are
controlled by the CJM. The CJM looks over the work of judicial magistrates, but
cannot take any action against them. The CJM can only report the misbehaviour of
judicial magistrates to the High Court. A court of Chief Judicial Magistrates can
sentence a person to jail up to 7 years and or impose fines (subject to State
amendments). The CJM is the most senior among all magistrates in their district.
2. There is a Sub-Divisional Judicial Magistrate (SDJM) in every subdivision. They hear
cases related to the Dowry Act, EC Act, and other criminal cases. They also maintain
and control the judicial court below them. A court of Sub-Divisional Judicial
Magistrates may sentence a person to jail up to 7 years and or impose fines (subject to
power conferred by High Court and State amendments).
3. A Judicial Magistrate First Class can sentence a person to jail for up to 3 years and or
impose a fine of up to ₹10,000 (subject to State amendments).
4. An Executive Magistrate is an officer of the Executive branch (as opposed to the
Judicial branch) who is invested with specific powers under both the CrPC and the
Indian Penal Code (IPC).

CONCLUSION: All the Executive Magistrates of the district, except the ADM, are
under the control of the DM. These magistrates are normally conferred on the officers
of the Revenue Department, although an officer can be appointed exclusively as an
Executive Magistrate. Normally, the Collector of the district is appointed as the DM.
Similarly, the Sub-Collectors are appointed as the SDMs. Tehsildars and
Deputy/Additional Tehsildars are appointed as Executive Magistrates.