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 judgment, or a judgment which, if not appealed against, would be definitive, or a judgment 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 judgment.
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 21 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.
IPC Section 19: Simplified Explanation
Section 19 of the Indian Penal Code (IPC) defines the term “Judge.” This definition is crucial for understanding various provisions within the IPC, particularly those relating to offences against or by public servants in their judicial capacity.
According to Section 19, “Judge” refers not only to every person who is officially designated as a judge but also to every person who:
- is authorized by law to give a definitive judgment or a judgment that would be definitive if not appealed against, in any legal proceeding, be it civil or criminal, or
- is part of a group of persons that is authorized by law to give such a judgment.
This definition is comprehensive and includes various levels and categories of judicial officers and functions. It encompasses not only those who are traditionally recognized as judges in the formal court system but also individuals or groups of individuals who have been given the authority by law to make decisions that have a judicial character. This can include arbitrators in arbitration proceedings, certain tribunal members, and others who perform adjudicative functions but are not judges in a conventional sense.
The importance of defining “Judge” in the IPC lies in the context of offences such as bribery, influence peddling, obstruction of justice, and others that specifically involve the judicial process. Understanding who qualifies as a “Judge” under the IPC is critical for both the prosecution of crimes involving the obstruction of or interference with judicial proceedings as well as for the protection of judicial officers from false accusations or undue influence.
Furthermore, this definition underscores the importance and protection accorded to the judiciary and its auxiliary processes under the IPC. It ensures that the law can adequately address and penalize actions that undermine the integrity, impartiality, or proper functioning of the judicial system, reflecting the fundamental principle of the rule of law and the critical role of the judiciary in upholding legal rights and resolving disputes.
