Magistrate precursor of modern magistrates are the amils and faujdars of the pre-British period. The faujdari or magisterial powers of the nawab was formally abolished in 1793. But the post of the magistrate of the British brand was created from 1772 with limited powers within the diwani administration. The district collector was also the magistrate up to 1793. Under the cornwallis code the magisterial powers of the district collector were transferred to the district judge whose designation became District Judge and Magistrate. From 1828, magistracy was taken away from the judge and was attached to the district collector whose designation became District Magistrate and Collector, a status that continued even after the end of the colonial rule.

Magistrates are either stipendiary or honorary judges administering criminal justice in petty and less grave offences. They take cognizance of offences either on written complainant by an aggrieved person or on police report or on their own knowledge and information about commission of offences. Police can arrest an offender and investigate into a cognizable offence without any warrant of arrest from or order of investigation by the magistrate, but cannot do so in case of a non-cognizable offence. Grave offences which cannot be tried by the magistrates are sent to the court of Session or such other court or tribunal for trial.

According to power exercised magistrates are of three categories, magistrates of the first class, magistrates of the second class and magistrates of the third class. In every district outside a metropolitan area the deputy commissioner is appointed as the District Magistrate, Additional Deputy Commissioner as the Additional District Magistrate and Joint Deputy Commissioner as the Joint District Magistrate each having power of a magistrate of the first class. Besides, in each district outside the metropolitan area other magistrates of first, second or third class are appointed by the government.

All other magistrates appointed in each district are subordinate to the District Magistrate though Additional District Magistrate and Joint District Magistrate exercise all the powers of the District Magistrate who may distribute business among the subordinate magistrates. A magistrate of the first or second class is placed in charge of an upazila/thana and such a magistrate is called a Upazila/Thana Magistrate and he/she can take cognizance of offences occurring in any part of that thana. Government may confer additional power on any magistrate. In a Metropolitan area Chief Metropolitan Magistrate, Additional Chief Metropolitan Magistrate and Metropolitan Magistrates are appointed for exercising powers of magistrates of first class in such area or any part thereof. All other Metropolitan magistrates including the Additional Chief Metropolitan are subordinate to the Chief Metropolitan Magistrate who distributes business among the subordinate magistrates.

Government may appoint any citizen of the country as a Justice of the Peace (honorary magistrate) for any local area. Government may invest the Chief Metropolitan Magistrate, Additional Chief Metropolitan Magistrate, District Magistrate or any Additional District Magistrate with power to try all offences not punishable with death, and any magistrate of the first class to try all offences not punishable with death or imprisonment for life or imprisonment for a term exceeding ten years. District magistrate is the head of the magistracy in a district outside the metropolitan area, and Chief Metropolitan Magistrate is the head of the magistracy in the metropolitan area and they exercise some additional powers.

At present any magistrate of the first class or metropolitan magistrate may impose a sentence of imprisonment for a term not exceeding five years including such solitary confinement as is authorised by law and fine not exceeding ten thousand taka and whipping. Any magistrate of the second class may impose a sentence of imprisonment for a term not exceeding three years including such solitary confinement as is authorised by law and fine not exceeding five thousand taka. Any magistrate of the third class may impose a sentence of imprisonment for a term not exceeding two years and fine not exceeding two thousand taka. The magistrate may award such term of additional imprisonment in default of payment of fine not exceeding one fourth of the period of imprisonment which such magistrate is competent to inflict as punishment for the offence. A magistrate invested with the power to try grave offences may pass a higher sentence of imprisonment not exceeding seven years. [Kazi Ebadul Hoque]