CLASSES OF CRIMINAL COURTS AND MAGISTRATES (U/Sec 6)

Besides the High Courts and the courts constituted under any law other than this Code for the time being in force, there shall be two classes of Criminal Courts in Pakistan, namely:

1. Courts of Session

2. Courts of Magistrates

There shall be the following classes of Magistrates:

I. Judicial Magistrates:

a. Magistrates of the First Class
b. Magistrates of the Second Class
c. Magistrates of the Third Class
d. Special Judicial Magistrates

II. Executive Magistrates:

a. District Magistrates
b. Additional District Magistrates
c. Sub-Divisional Magistrates
d. Special Executive Magistrates
e. Magistrates of the First Class
f. Magistrates of the Second Class
g. Magistrates of the Third Class

POWERS OF THE CRIMINAL COURTS

1. Powers to Try the Offences

2. Powers to Pass the Sentences

A. Sentences Passed by High Court and Sessions Court (U/Sec 31):

a. A High Court may pass any sentence authorized by law.
b. A Sessions Judge or Additional Sessions Judge may pass any sentence authorized by law; however, any sentence of death passed by such a Judge shall be subject to confirmation by the High Court.
c. An Assistant Sessions Judge may pass any sentence authorized by law, except a sentence of death or imprisonment for a term exceeding seven years.

B. Sentences Passed by Magistrate Courts (U/Sec 32):

a. Magistrates of the First Class:

• Imprisonment for a term not exceeding three years, including such solitary confinement as is authorized by law;

• Fine not exceeding fifteen thousand rupees;

• May also award Arsh, Daman, and whipping as per law.

b. Magistrates of the Second Class:

• Imprisonment for a term not exceeding one year, including such solitary confinement as is authorized by law;

• Fine not exceeding five thousand rupees.

c. Magistrates of the Third Class:

• Imprisonment for a term not exceeding one month;

• Fine not exceeding one thousand rupees.

d. Magistrates Specially Empowered (U/Sec 34):

• A Magistrate specially empowered under Section 30 may pass any sentence authorized by law, except a sentence of death or imprisonment exceeding seven years.

JUSTICE OF PEACE

1. Appointment of Justices of the Peace (U/Sec 22):

The Provincial Government may, by notification in the official Gazette, appoint any person who is a citizen of Pakistan and whose integrity and suitability it is satisfied with, to be a Justice of the Peace for a specified local area. More than one Justice of the Peace may be appointed for the same area.

2. Powers of Justice of the Peace (U/Sec 22-A):

a. A Justice of the Peace shall have, within the specified area, the powers of a Police Officer under Section 54 and an officer in charge of a police station under Section 55.
b. A Justice of the Peace making an arrest must immediately present the arrested person before the officer in charge of the nearest police station, along with a written report.
c. He may call upon any police officer to aid in:

• Apprehending persons involved in a cognizable offence;

• Preventing escape or maintaining peace and public tranquility.

d. Such a call for aid shall be deemed to have been made by a competent authority.
e. A Justice of the Peace may:

• Issue identity certificates;

• Verify documents;

• Attest documents required to be attested by a Magistrate.
  These shall be presumed to be correct unless proven otherwise.

3. Duties of Justices of the Peace (U/Sec 22-B):

Subject to provincial rules, every Justice of the Peace shall:

a. On receiving information about any offence or breach of peace:

• Inquire and report the matter in writing to the nearest Magistrate and police station.

b. In case of a cognizable offence:

• Prevent tampering with the place of occurrence.

c. When required in writing by a police officer during investigation:

• Assist in the investigation;

• Record any dying declaration made by the victim.

4. Ex-Officio Justices of the Peace (U/Sec 25):

By virtue of their offices:

• Judges of the High Courts are Justices of the Peace for the whole of Pakistan.

• Sessions Judges and District Magistrates are Justices of the Peace within the territories administered by the Provincial Government they serve under.

Conclusion

The criminal justice system in Pakistan is structured under the Code of Criminal Procedure to ensure clarity, responsibility, and hierarchy among courts and magistrates. It defines the various classes of courts and magistrates, along with their powers and jurisdictions. The roles and responsibilities of Justices of the Peace are also clearly outlined to support the maintenance of law and order, particularly at the community level. Through defined legal procedures and enforcement powers, this structure promotes the rule of law, fair trial, and justice delivery throughout the country.