History of term ‘Justice of Peace’ inserted as Sections 22-A & 22-B Cr.P.C., 1898
The word ‘justice of peace’ has been derived from Britain by the framers of Code of Criminal Procedure, 1989. Justice of Peace is a judicial officer of lower court for the purposes of keeping peace. The title ‘justice of peace derives’ from 1361 in the reign of Edward III. The ‘peace’ to be guarded is the sovereign’s, the maintenance of which is the duty of the Crown under the royal prerogative in Engl and. Justices of the peace still use the power conferred or re-conferred on them since 1361 to bind over unruly persons “to be of good behavior”. The ‘justices’ alternative title of ‘magistrate’ dates from the 16th century, although the word has been in use centuries earlier to describe some legal officials of Roman times.
In the centuries from the Tudor period until the onset of the Industrial Revolution, the Justice of Peace constituted a major element of the English (later British) governmental system having a direct interest in getting laws actually enforced and implemented on the ground.
Though the Code of Criminal Procedure, 1898 provides complete scheme for investigation, registration of case and trial. On November 21, 2002 ex-officio Justice of the Peace in Pakistan were conferred an additional role through promulgation of the Criminal Procedure (Third Amendment) Ordinance (Federal Ordinance No.CXXXI) of 2002 and this role was in respect of entertaining complaints and issuance of appropriate directions to the police authorities concerned regarding registration of criminal cases and in respect of neglect, failure or excess committed by the police authorities in relation to its functions and duties. The provisions of sections 22-A, & 22-B, Cr.P.C, have been added to the Statute Book whereby Sessions Judges and Judge of a High Court, by virtue of their office being justice of peace, can exercise all powers of a police u/s 54. The similar type of powers can be exercised by High Court under supervisory jurisdiction, but an independent forum has been provided by appointing ‘justice of peace’ by the legislature. The insertion of Section 22- A and amendment in S. 25 of Cr.P.C. were made to lessen the excessive burden of High Courts which had become inundated through filing of writ petitions seeking registration of criminal cases and transfer of investigations. The purpose behind the amendment was to provide expeditious and inexpensive justice to the people at their doorsteps. When an Ex-Officio Justice of Peace passed orders, issued directions or took actions under the aegis of judiciary rather than the executive, he instead of going under the thumb of executive, in fact, bring the executive under the thumb of law.
