1.
Introduction
Concept
of Justice of Peace is not new. It has been originated from concept of keep of
peace in England. With the passage of time, role of Justice of peace has
gradually been grown in different countries. In Pakistan, justice of peace play
important role in administrative in Pakistan.
2.
Relevant Provisions
Section
22, 22A, 22B Cr.P.C (code of criminal Procedure)
3.
Appointment
The
provincial government can appointed Justice of peace through the notification
in official Gazette and also described its subject of rules and specified
period of its appointment.
4. Powers of Justice of Peace
Under
the Criminal Procedure code, following are the powers
i.
Arrest
Justice
of peace possesses those powers, which police officer possesses to make arrest
without warrant, and which officer incharge of police station possesses to
arrest of vagabounds, habitual robbers, etc.
ii.
Powers after arrest
When
justice of peace arrests some person through exercise of powers of police
officer or officer incahrge of police station.
iii.
Aid from Member of Police Force
Justice
of peace has power to call upon any member of police force on duty to aid him
for following purposes
a.
Taking or Preventing of escape of any Person
Justice
of peace possesses powers to demand such aid in taking or preventing escape of
any person, who has participated in commission of any cognizable offence, or
against whom a reasonable complaint has been made or credible information has been
received or reasonable suspicion exists that he has so participated.
b.
Prevention of Crime and Prevention of Breach of peace or Disturbance of Public
Tranquility
Justice
of Peace possesses powers to demand such aid in prevention of crime in general
and in prevention of breach of peace or disturbance of public tranquility in
particular.
iv.
Certificate of Identity
Justice
of peace fro any local care has power to issue is certificate about identity of
any person when such person resides within local area of such justice of peace.
v.
Verification of Document
Justice
of peace for any local area has power to verify any document, which is brought
before him by the person, who resides within local area of such justice of
peace.
vi.
Attestation of Document
Justice
of peace for any local area has power to attest that document, which is
required by or under any law for time being in force to be attested by
magistrate.
vii.
Directions for Police Authorities
Justice
of peace possesses powers to issue directions to police authorities about
registration of case, Transfer of investigation, commission of neglect, failure
and excess.
5.
Functions or Duties of Justice of Peace
Following
are functions or duties of justice of peace
i.
Inquiries
When
information of occurrence of any incident is received and breach of peace is
involved in such incident or when information of commission of any offence
within local area of justice of peace is received, Justice of peace is to make
inquiries into the matter and give written report of result of his inquiries to
nearest magistrate and to officer in charge of nearest police station.
ii.
Prevention of removal of Thing
When
information of occurrence of any incident is received and breach of peace is
involved in such incident or when information of commission of any offence
within local area of justice of peace is received and offence is cognizable,
justice of peace is to prevent removal of anything from place of occurrence of
offence or is to prevent interference with it.
iii.
Assistance
If
police officer is making investigation under Chapter XIV of Criminal Procedure
code in respect of commission of offence within local area of justice of peace
and such police officer requires in writing, Justice of Peace is to perform
following functions.
a.
Assistance for police officer
Justice
of peace is to render assistance to police officer, who is making such
investigation.
b.
Recording of Statement
Justice
of peace is to record any statement, which is made by that person, who is under
expectation of death and in respect of whom it is believed that some crime has
been committed.
Conclusion
To
conclude, it can be stated that officer of justice of peace is a statutory
position and statute usually grants powers to justice of peace and assigns
duties to justice of peace. In Pakistan, limited powers have been granted to
justice of peace and limited duties have been assigned to justice of peace.
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