Judicial Magistrate of Second Class has powers in respect of offences under Section 323 and 504 IPC. He also has the power in respect of Section 506 IPC if the threat is NOT to cause death or grievous hurt, etc.
However, for offences under Sections 498-A, such Magistrate has no power. Likewise, for Section 506 IPC also, if the threat is to cause death or grievous hurt, etc., then such Magistrate has no power.
Therefore, if all these sections are being tried together in the same case, then the power to frame charges will be with the Judicial Magistrate of the First Class only, and NOT with the Magistrate of Second Class.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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