Powers and Duties of Justice of Peace

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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