justice of peace section 22 A of CRPC. PDF

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this is only for Pakistani student and this is not made for teaching others but these are assessment written by a law student....

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Name: Fahad Zameer Batch: 38 Subject: Criminal Procedure Code Date: 12/11/2020 Teacher: Ma’am Farah Khan Topic: Justice of Peace

History: This code as originally enacted in the year 1898 introduced the institution of justice of peace. The governor-general in council so far as the whole or any part of the British India outside the Presidency Towns and every local Government could appoint persons as the Justice of the Peace.

Introduction: Justice of the Peace volunteers play an important role in the Justice system and provide a valuable and accessible service to all members of the community. Provincial Government is empowered to appoint and notify in the official Gazette such person resident of Pakistan to be justice of peace for local area. Justice of the Peace and ex-officio justice of the peace is not for specific hours, he is empowered to act round the clock within its territorial jurisdiction.

Powers of Justice of peace: U/S 22 A, Justice of the peace can exercise all power of a police officer referred to in section 54. A justice of the peace, shall have powers to call upon any member of the police force on duty to aid him, for preventing the escape of any person who has committed any cognizable offence or against whom a reasonable complaint has been made or a reasonable suspicion exists against him, or for the prevention of a breach of the peace and maintenance of peace. Power to issue a certificate of identity. Power to verify any document brought before him. Power to attest any document. This is the first part of powers of justice of peace was designed to aid and assist criminal justice system. Such powers, were not supervisory and judicial but administrative and ministerial in nature, don’t require judicial proceeding. Therefore, the provincial government may appoint any officer to exercise such powers. Whereas the second set of powers are specifically for the ex-officio justice of peace appointed under section 25 of the code of criminal procedure, who is either the judge of the high court for the whole of Pakistan and a session judge is for the whole province. Ex-officio justice of peace may issue appropriate directions to the police authorities concerned on a complaint regarding. Order to register FIR in cases where the police refuse to register FIR, the justice of peace issue mandatory directions to the respective police, the justice of peace issue mandatory directions to the police station to register FIR if a cognizable offence is made out. [Ex officio justice of peace is not supposed to allow application u/s 22-A Cr.P.C, in a mechanical manner, but he has to apply his mind as to whether has reached the court with clean hands; or it is tainted with malice]. Transfer of investigation from one police officer to another.

Issue prohibitory and mandatory direction to a police officer who either neglects his duties or fails to perform its duties. [Justice of Peace directed D.P.O to take disciplinary action against the S.H.O. If any breach of duty has been committed by the S.H.O. Issuance of such direction is not within the domain of Justice of Peace. These powers of ex-officio justice of peace are extraordinary and are more like judicial proceedings and are most likely to result in criminal proceedings or trial. However, the superior courts are still under the debate whether the powers are judicial, administrative, Quasi-judicial or supervisory. Wherein the superintendent of Police deals the misconduct and non-performance of duties of police officials. An application addressed to the superintendent of the police. In the case of the non-compliance, the aggrieved person can approach the court of justice of the peace for redressal of grievance.

Duties of Justices of the Peace: Such rules may be made by the provincial government, Every justice of the peace for any local area shall, On receipt of information of the occurrence of any incident involving a breach of the peace, or of the commission of any offence within such local area, promptly make inquiries into the matter and report in writing the result of his inquiries to the nearest Magistrate and to officer in charge of the nearest policestation. [Justice of peace in appropriate cases, depending upon the circumstances thereof can refuse to issue a direction regarding of F.I.R and dismiss the complaint but it is not expected and required to allow the request of complainant mechanically, blindly and without application of legal mind. He has to give valid reasons for his conclusion to dismiss the application his approach should not be arbitrary and in complete negation of law]. If the offence is cognizable offence, also prevent the removal of anything from, or the interference in any way with, the place of occurrence of the offence; when so required in writing by a police-officer making such an investigation of any offence committed within such local area; [Function of the justice of peace is to check whether the statement of the complainant informing of the commission of any cognizable offence was recorded or not. shall be rendered all assistance to the police-officer making such an investigation. [Power of ex officio justice of peace was not supposed to enter into deeper controversy to begin upon an inquiry for inquiry for determination of the truthfulness]. Record any statement made under expectation of death by a person in respect of whom a crime is believed to have been committed....