What is the difference between a Judicial Magistrate and an Executive Magistrate?

A Judicial Magistrate is a judicial officer who can try cases, convict accused, award sentences, and grant bail. An Executive Magistrate (typically a Collector/DM/SDM) handles executive and preventive functions — issuing Section 144 orders, maintenance of public order, and other administrative functions — but cannot try criminal cases or convict anyone.

Which court tries murder cases in India?

Murder (punishable with death or life imprisonment) is a Sessions-triable offence — it must be tried by the Court of Session. The case typically starts with committal from a Magistrate Court after the chargesheet is filed, and then moves to the Sessions Court for trial.

Section 6-25 — Classes of Criminal Courts; Territorial Divisions; High Courts; Courts of Session; Judicial Magistrates; Executive Magistrates | Code of Criminal Procedure | LawCodeHub

Section 6: Besides the High Courts and the Courts constituted under any law, other than this Code, there shall be the following classes of Criminal Courts in every State — (i) Courts of Session; (ii) Judicial Magistrates of the first class and, in any metropolitan area, Metropolitan Magistrates; (iii) Judicial Magistrates of the second class; and (iv) Executive Magistrates. Section 9: The State Government shall establish a Court of Session for every sessions division. Section 11: The State Government shall establish as many Courts of Judicial Magistrates of the first class and second class as it may consider necessary. Section 20: The State Government may appoint Executive Magistrates.

Explanation

Sections 6–25 establish the entire court structure for criminal justice in India — a pyramidal hierarchy from the Supreme Court at the apex down to Executive Magistrates at the district level. The hierarchy: Supreme Court (final appellate authority in criminal matters) → High Court (supervisory and appellate) → Court of Session (trials for offences punishable with more than 7 years; appellate from Magistrate Courts) → Chief Judicial Magistrate / Chief Metropolitan Magistrate (can try offences up to 7 years) → Judicial Magistrate First Class / Metropolitan Magistrate (up to 3 years) → Judicial Magistrate Second Class (up to 1 year) → Executive Magistrate (not a judicial officer — handles Section 107/144 proceedings, executive powers only). The critical distinction: Judicial Magistrates exercise judicial powers (trial, conviction, bail) while Executive Magistrates exercise executive/administrative powers (preventive detention orders, Section 144 prohibitory orders, maintenance of public order). Sessions Courts are headed by Sessions Judges — appointed by the High Court. The CrPC also contemplates Special Courts for specific offences and Fast Track Courts (introduced by amendment) for expedited trials.

Classes of Criminal Courts; Territorial Divisions; High Courts; Courts of Session; Judicial Magistrates; Executive Magistrates

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