Judge denotes every person who is officially designatedas a Judge. It also includes a person or a body of persons empowered to give definitive judgments in any legal proceeding.
The test is that such a person or body should have the right togive judgment.
(i) A Magistrate who commits a person to thesessionsis not a ‘judge’ in that circumstance.
(ii) A Magistrate conducting a summons case is ajudge.
The definition is only inclusive and not exhaustive.
The legislature may empower a sarpanch or panch under thePanchayat to act as a judge.
An arbitrator is not a judge, as he cannot give a definitivejudgment.
Illustrations in IPC
(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 [i]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.
Who is the judge under IPC,Who is the judge under IPC