Tuesday, 29 January 2013

section 19 indian penal code


INDIAN PENAL CODE


Section 19: “Judge”
19: “Judge”::--The word “judge” denotes not only every person who is officially designated as a Judge, but also every person,
who is empowered by law to give, in any legal proceeding, civil or criminal, a definitive judgement or a judgement which, if not appealed against, would be definitive, or a judgement which, if confirmed by some other authority, would be definitive, or
who is one of a body of persons, which body of persons is empowered by law to give such a judgement.

Illustrations

(a) A Collector exercising jurisdiction in a suit under Act 10 of 1859, is a Judge.
(b) A Magistrate exercising jurisdiction in respect of a charge on which he has power to sentence to fine or imprisonment, with or without appeal, is a Judge.
(c) A member of a Panchayat which has power under Regulation VII, 1816, of the Madras Code, to try and determine suits, is a Judge.
(d) A Magistrate exercising jurisdiction in respect of a charge on which he has power only to commit for trial to another Court, is not a Judge.

COMMENTS
Judge means a Judge of a High Court and includes Chief Justice, an acting Chief Justice, and Additional Judge and an acting Judge of a High Court–High Court Judges (Conditions of Service) Act, 1954, s. 2(g)
Judge means a Judge of the Supreme Court and includes the Chief Justice and an acting Chief Justice–Supreme Court Judges (Conditions of Services) Act, 1958, s. 2(c)

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