Difference Between Judge and Magistrate

Difference Between Judge and Magistrate

Updated on Mar 01, 2025 12:42 PM IST | #L.L.B

Difference Between Judge and Magistrate: The Judiciary is one of the pillars of democracy meant to uphold the law of the land. In this regard, a judge and a magistrate may appear to be the same but there are differences present between the two terms. The difference between magistrate and judge lies in the fact that judges preside over the courts namely - the supreme court, high court or the sessions court and pass judgements to resolve conflicts between parties that may have a bearing on the law of the land in the country. Their jurisdiction is much wider.

This Story also Contains
  1. Who is a Judge?
  2. Who is a Magistrate?
  3. Are Judges and Magistrates the Same?
  4. Magistrate and Judge - Key Differences
  5. Magistrate vs. Judge: Who is more powerful?
  6. Magistrate and Judge Difference - Salary
Difference Between Judge and Magistrate
Difference Between Judge and Magistrate

A magistrate, on the other hand, has limited powers and is appointed by the high court on instructions from the state government after due deliberation. They are usually selected from the judicial service exam of the state including judicial officers such as first class magistrate and second class magistrate.

Who is a Judge?

Section 19 of the Indian Penal Code defines a judge as any person who is officially designated as a judge. The judge also refers to any person who is empowered to give a definitive judgement in a legal proceeding, which if not contested would be considered definitive. The order of the judge has finality or authoritativeness. They possess a degree in LLB and have vast experience in a career in the legal field. Judges of the high courts and the Supreme Court are appointed by the President of India on the recommendations of the collegium.

Sanskaram University LLM Admissions 2025

100+ Industry collaborations | 10+ Years of legacy

Parul University Law Admissions 2025

Registrations Deadline Extended till 15th July | India's youngest NAAC A++ accredited University | NIRF rank band 151-200 | Approved by Bar Council of India

Examples of judges can include:

  • A collector having authority in a case under Act 10 of 1859 is a judge

  • A Magistrate with jurisdiction over an offence for which he has the authority to impose a fine or term of imprisonment, with or without appearance, is a Judge

Who is a Magistrate?

Section 11 of the Code of Criminal Procedure states that :

  1. In every district (not being a metropolitan area) there shall be established as many Courts of Judicial Magistrates of the first class and of the second class, and at such places, as the State Government may, after consultation with the High Court, by notification, specify.

Sanskriti University LLM Admissions 2025

Best innovation and research-driven university of Uttar Pradesh

Sanskaram University Law Admissions 2025

100+ Industry collaborations | 10+ Years of legacy

The provision mentioned above comes with a condition that the State Government may, after consultation with the High Court, establish, for any local area, one or more Special Courts of Judicial Magistrates of the first class or of the second class to try any particular case or particular class of cases. Further, it states that, where any such Special Court is established, no other Court of Magistrate in the local area shall have jurisdiction to try any case or class of cases for the trial of which such Special Court of Judicial Magistrate has been established

  1. The presiding officers of such Courts shall be appointed by the High Court.

  1. The High Court may, whenever it appears to it to be expedient or necessary, confer the powers of a Judicial Magistrate of the first class or of the second class on any member of the Judicial Service of the State, functioning as a Judge in a Civil Court.

Section 12 of the Code of Criminal Procedure states that the high court can also appoint a judicial magistrate of the first class to be the chief judicial magistrate.

Section 13 of the Code of Criminal Procedure states that when requested by the state or central government, the high court can also grant to a person who currently holds or has held a position in the government in the past all the powers that can be conferred on a judicial magistrate. Such persons are called special magistrates and are appointed for a term not exceeding one year. These powers are granted with the condition that the said person possesses the qualification as the high court may specify in its rules.

Are Judges and Magistrates the Same?

A judge and a magistrate are distinct roles within the legal system, each playing an important part in court proceedings. While both are responsible for making key decisions in legal matters, they differ in several aspects, such as their appointment, qualifications, the types of cases they oversee, the scope of their jurisdiction, their authority in making judgments, and the severity of the penalties they can impose on offenders..

Magistrate and Judge - Key Differences

Particulars

Magistrate

Judge

Appointment

Appointed by state government or High Court

By President of India

Education qualification

Degree from a recognized university

Law degree is mandatory

Jurisdiction

Limited jurisdiction within the state

Wider jurisdiction includes power to impose death sentence on a guilty

Nature of cases

Magistrate handles small cases

Judge due to his wider jurisdiction and power handles more complex cases

Magistrate vs. Judge: Who is more powerful?

Who is more powerful, the judge or magistrate? To answer this, it is important to see their jurisdiction!

Section 14 of the Code of Criminal Procedure states that the jurisdiction of the judicial magistrate will cover the entire district or within the limits as specified by the Chief judicial magistrate

Section 15 of the Code of Criminal Procedure states that every chief judicial magistrate will be subordinate to the sessions judge and that every judicial magistrate will be subordinate to the chief judicial magistrate subject to the regulation of the sessions judge. The chief judicial magistrate will from time to time frame rules or issue orders for the business to be conducted by the judicial magistrate

As per section 28 of the Code of Criminal Procedure, a high court or a session judge can pass the following sentences:

  • Any sentence permitted by law may be imposed by the High Court.

  • Any legal sentence may be imposed by a Sessions Judge or Additional Sessions Judge, but the High Court must affirm any death sentence imposed by the Sessions or additional sessions judge.

  • An Assistant Sessions Judge may impose any legal punishment, with the exception of the capital penalty, life in prison, and sentences that last longer than ten years.

Section 29 of the Code of Criminal Procedure specifies the sentences which a sessions judge can pass

  • Any legal punishment may be imposed by the Court of a Chief Judicial Magistrate, with the exception of the death penalty, life in prison, and sentences of more than seven years.

  • A sentence of up to three years in prison, a fine of up to 10,000 rupees, or both may be imposed by the court of a magistrate of the first class.

  • A punishment of up to one year in prison, a fine of up to two thousand rupees, or both may be imposed by the Court of Magistrate of the Second Class.

  • The Chief Metropolitan Magistrate's Court shall have all of the authority of the Chief Judicial Magistrate's Court, the Metropolitan Magistrate's Court, and the Court of a Magistrate of the First Class.

Also check - Difference Between a Lawyer an Advocate

Magistrate and Judge Difference - Salary

As per data from the Department of Justice, under Ministry of Law and Justice, Government of India, the salary of the top judges is as follows

Judge vs. Magistrate Salary

Chief Justice of India

Rs. 2,80,000 pm

Judges of Supreme Court

Rs. 2,50,000 pm

Chief Justice of High Court

Rs. 2,50,000 pm

Judges of High Court

Rs. 2,25,000 pm

The district judge earns a salary of around Rs. 1.88 Lakhs per month as per the second judicial pay commission.

Often, the Civil Judge (Jr. Division) recruited under the judicial service acts as First Class Magistrate and Civil Judge (Sr. Division) recruited under the judicial service acts as Chief judicial magistrate. State governments also appoint retired government officers who possess law degrees to act as special magistrates.

On the recommendation of the Second Judicial Pay Commission, the salary for judicial officers has been revised. The salary of a Civil Judge (Jr. Division ) is around 1 Lakh per month, while the salary of the Civil Judge (Sr. Division) will be Rs 1.35 lakh per month. Special magistrates will have a minimum remuneration of Rs 30000 per month.

Also Read: How to Become a Judge in India After LLB

Frequently Asked Questions (FAQs)

1. Who is a judge?

As per Section 19 of the Indian Penal Code, a judge refers to any person who is empowered to give a definitive judgement in a legal proceeding, which if not contested would be considered definitive. The order of the judge has finality or authoritativeness.

2. Who is a Magistrate?

A magistrate is a person appointed by the high court and subordinated to the district sessions judge with limited powers and jurisdiction to preside over cases.

3. Who is more powerful - Judge or Magistrate ?

The judge has wider jurisdiction and more powers. The magistrate works under the sessions judge.

4. Who earns more, judge or magistrate?

The payscale of the judge is higher than the magistrate.

 

5. Can a magistrate be called a judge?

No, magistrate and judge are different from each other. A magistrate is a judicial officer with limited powers compared to a Judge.

Articles

Certifications By Top Providers

Sociology XI Part-I
Via School of International Studies, Jawaharlal Nehru University, New Delhi
Study from Still Life
Via Indira Gandhi National Open University, New Delhi
Introduction to Political Theory
Via Indian Institute of Technology Guwahati
Shakespeare Across Cultures
Via Central University of Kerala, Kasaragod
Anthropology Understanding Societies and Cultures
Via The University of Newcastle, Newcastle
Swayam
 162 courses
Edx
 129 courses
Futurelearn
 74 courses
NPTEL
 74 courses
Coursera
 52 courses

Explore Top Universities Across Globe

Questions related to L.L.B

Have a question related to L.L.B ?

Hello student,

The MDU BA LLB entrance exam has already taken place for the 5-year program , with the exam held on June 23, 2025 .

The 3-year LLB entrance exam is scheduled for July 15-19, 2025 . The admit card for the 3-year LLB will be released on July 9, 2025 .

The result for the 3-year LLB will be declared on July 22, 2025 .

Thank you!!

Hello,

Yes, you are eligible to pursue LLB . Most universities require a minimum of 45% marks in graduation for general category students. Since you have 70% from DU SOL, you can apply.

Just make sure to check the specific eligibility criteria of the university or entrance exam you are applying for.

Hope it helps !

Hi dear candidate,

You have scored a commendable score of 97% in your entrance exam and you have strong chance of getting a reputable institution for 3 year LLB. The top institutions for 3 year LLB are :

  • BVIMR Pune
  • ILS College Pune
  • Government Law College Mumbai
  • Dr. Ambedkar College Nagpur

To know the best college as per your marks in MHCET, use our official college predictor:

MHCET Law College Predictor (3 & 5 Year LLB) 2025 - Predict Colleges based on your Rank

ALL THE BEST !

Hello,

If you have uploaded your HSC document from Digilocker and it is valid, there should be no problem. Digilocker documents are accepted as original by most authorities.

If your college misplaced the original and it will take 15 days to get it, that’s okay. Just make sure the uploaded Digilocker document is clear and correct.

If you re-edit your application form, do it carefully and before the deadline. After editing, check that all documents are uploaded properly.

There should be no issue if your details are correct and documents are valid. Keep checking the official portal for any updates.

Hope it helps !

With your score, it might be tough to get into top central universities like BHU or Allahabad for BA/BBA LLB in the general category. But don’t worry—you still have a good chance in some central universities with lower cutoffs, like Central University of South Bihar or Assam University. Private colleges like Amity, ICFAI, or Galgotias could also be good options for you.


View All
Lawyer

A lawyer advises clients on legal matters, represents them in court, and drafts legal documents. They work in various fields like criminal, corporate, or family law. Key skills include communication, research, and analytical thinking. To become a lawyer in India, one must complete a law degree, clear entrance exams, register with the Bar Council, and pass the All India Bar Examination.

4 Jobs Available
Civil Lawyer

A civil lawyer handles non-criminal legal disputes like family, property, and contract issues. They represent clients in court, draft documents, and advise on legal rights. To practice in India, one needs an LLB degree and Bar Council enrollment. Civil lawyers work in firms, government, or independently, with growing demand across various specialisations.

3 Jobs Available
Human Rights Lawyer

Individuals in the human rights lawyer career path are legal professionals responsible for advocating for people whose inherent dignity has been violated and who have suffered a lot of injustice. They take cases to defend the human rights of minorities, vulnerable populations, the LGBTQI community, indigenous people and others. 

2 Jobs Available
Criminal Lawyer

A criminal lawyer defends individuals or organisations accused of crimes, ensuring fair trial and legal rights. They analyse cases, represent clients in court, conduct legal research, and negotiate plea deals. Strong communication, analytical, and ethical skills are essential. After earning a law degree, gaining experience, and registering with a Bar Council, they can practise independently or with law firms.

2 Jobs Available
Family Lawyer

Family lawyers are required to assist a client in resolving any family-related problem. In general, family lawyers operate as mediators between family members when conflicts arise. Individuals who opt for a career as Family Lawyer is charged with drafting prenuptial agreements to protect someone's financial interests prior to marriage, consulting on grounds for impeachment or civil union separation, and drafting separation agreements.

2 Jobs Available
Cyber Lawyer

A cyber lawyer handles legal issues related to the internet, such as cybercrimes, data breaches, and online privacy. They prepare legal documents, represent clients in court, and advise businesses on cybersecurity compliance. The career requires a law degree, specialisation in cyber law, and strong tech knowledge.

2 Jobs Available
Immigration Lawyer

An immigration lawyer is responsible for representing the individuals (clients) involved in the immigration process that includes legal, and illegal citizens and refugees who want to reside in the country, start a business or get employment. 

2 Jobs Available
Government Lawyer

A Government Lawyer represents the government in legal matters, provides legal advice to officials, drafts legislation, and prosecutes or defends cases. The role requires strong research, communication, and analytical skills. To pursue this career, one must obtain an LLB, pass the Bar Exam, gain court experience, and apply for government positions. Career progression includes roles from junior to senior government lawyer.

2 Jobs Available
Back to top