Justice of peace Section 22 of Crpc (Criminal procedure code)




Section 22: Justice of peace 

·        Justice of peace that any justice or judge to be nominated for keeping the peace within the locality. 

·        Justice of peace according to section 22:The provincial government may notify any person to be appointed as a justice of peace for the purpose to maintain peace within the locality or territorial jurisdiction.

·        The provincial government has notified the justice of peace the session judge and the additional session judge. 

·        The justice of peace will exercise the administrative powers.

 Power of a justice of  peace: Section 22 A

1.      He can exercise all the powers of the police. To contain the law and order of peace.

for example to arrest the person. 

·        For the maintenance of law if any person is involved in a crime so he can order the police to arrest him 

·        Under section 22 the instructions for the police is that when the justice of peace order to police the police will consider that this order has been given from the higher authority or competent authority 

2.      All the administrative Authorities for example registration of documents for attestation that is this person lives in this area or not 

·        This work is done by the magistrate but under section 22 A the justice of peace has the power to do this.

·        The attestation of documents is also done by the justice of peace. 

3.      The justice of peace can transfer a case to another investigation officer. 

4.      The justice of peace can do an inquiry into any case by himself. 

5.      Where the police have misused their powers than there the justice of the peace will check it and define it.

·         the justice of the peace will take action against the police if it has been proved that the justice of peace has misused his powers.


Duties or the functions of justice of peace: Section 22 B 

Duties are mandatory and he had no choice or option to do that.

1.      To maintain peace within the locality if there is any information regarding the breach of peace regarding the committing of offence in this situation, the justice of the peace may his own inquire. 

·        This is the duty of the police to do an inquiry but here in this situation, the justice of the peace can do an inquiry.

·        He would submit that inquiry to the police officer or magistrate. So it is the duty of the justice of peace.

2.      If the offence is cognizable So justice of peace must block any interference in it.

(There are 2 types of offences cognizable and non-cognizable.

·        Cognizable offences are those which are dangerous kind and in this, the police can arrest any person and take action on their own and the police did not need any kind of warrant or permission. These offences are non-bailable 

·        Non-cognizable offences are those which are minor and punishment is 6 months or 7 months imprisonment etc. In this the police want a warrant from the court to arrest that person. The police have no authority in this to arrest a person directly or take action. These offences are bailable.

3. That is where police requested justice of peace for any kind of legal assistance so the justice of peace has to provide him assistance. 

·        There are many laws about which the police did not no so when they ask about the justice of peace there is this kind of case so the justice of peace must assist them regarding that case.

4. If there is a daim declaration (Qareeb ul moot ) so the justice of the peace can record it normally magistrate does this but when the magistrate is not present so the justice of peace must record his statement. This is also called Bayanna nazza.

·        So if the police request him so he must record his statement.