With reference to a district judge, consider the following statements:...
- The district judge is the highest judicial authority in the district.
- He possesses original and appellate jurisdiction in both civil as well as criminal matters. Hence statement 1 is correct.
- In other words, the district judge is also the sessions judge. When he deals with civil cases, he is known as the district judge and when he hears the criminal cases, he is called a sessions judge. The sessions judge has the power to impose any sentence including life imprisonment and capital punishment (death sentence). Hence statement 2 is correct.
- However, a capital punishment passed by him is subject to confirmation by the High court, whether there is an appeal or not.
With reference to a district judge, consider the following statements:...
Statement 1: He possesses original and appellate jurisdiction in both civil as well as criminal matters.
District judges do possess original jurisdiction in both civil and criminal matters. Original jurisdiction refers to the authority of a court to hear a case for the first time. In civil matters, district judges have original jurisdiction to hear cases involving a dispute between two parties, such as contract disputes, property disputes, etc. In criminal matters, they have the original jurisdiction to hear cases involving offenses that are not very serious, such as petty theft, minor assault, etc.
In addition to original jurisdiction, district judges also have appellate jurisdiction. Appellate jurisdiction refers to the authority of a court to review decisions made by lower courts. District judges can hear appeals from decisions made by lower courts in both civil and criminal matters. For example, if a case is initially heard in a lower court and one of the parties is dissatisfied with the decision, they can appeal to the district judge for a review of the decision.
Therefore, statement 1 is correct.
Statement 2: He has the power to impose any sentence including life imprisonment and capital punishment.
District judges do not have the power to impose any sentence, including life imprisonment and capital punishment. The power to impose such sentences is usually reserved for higher courts, such as the High Court or the Supreme Court. District judges have limited sentencing powers and can only impose sentences that are within the limits prescribed by law for the offenses they are hearing.
For example, in criminal matters, district judges may be able to impose sentences such as fines, probation, or short-term imprisonment, depending on the severity of the offense. However, for more serious offenses that warrant longer prison terms or capital punishment, the case is usually transferred to a higher court where the judge has the authority to impose such sentences.
Therefore, statement 2 is incorrect.
Conclusion:
Out of the two given statements, only statement 1 is correct. District judges possess original and appellate jurisdiction in both civil and criminal matters. However, they do not have the power to impose any sentence, including life imprisonment and capital punishment.
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