The British rulers established the very structure of the criminal justice system (CJS) in sub continent around the Indian Penal Code, the Code of Criminal Procedure (Cr.P.C) and the Evidence Act. This legislation was the basic of the CJS of that time in Indian Sub Continent. It was an effective system which remained in force more than 100 years. The continuation the this SJS in South Asian countries is the prove of its efficacy.
After independence, the same CJS was adopted by legislature with some amendments. Although the legislature has not updated it as per requirement of the changing situations of the country which has resulted in problems facing all tiers of the society as well institutions i.e police, judiciary and executive. But still CJS system in vogue in Pakistan is breathing. It has played very pivotal role in administration of justice to the society.
The backbone of present SJS is Criminal Procedure Code, 1898, Pakistan Penal Code 1860, Qanoon-e-Shahadat Order, 1984 which provides the effective base for CJS. For instance, Chapter XIV of the CrPc defines the effective role of magistrate. For the investigation of a non-cognizable offence permission of a magistrate is required under section 155 CrPc. Section 156 (3) describes that magistrate empowered under section 190 can order a police officer to investigate a cognizable offence. As per section 157 police officer is bound to send tot he magistrate concerned a report of any information regarding the commission of a cognizable offence. Also under section 158, the investigation officer has to send the reports of every case case investigated by him under section 157 to the magistrate for his perusal.
Section 159 empowers the magistrate to order an investigation and if required, either proceed himself or depute any other magistrate junior to him for preliminary inquiry. Magistrate allow physical remand of the accused as per request of the investigation officer. It is again magistrate who send the accused for judicial remand. The closing of a case against an accused under section 169 is subject to the review by the magistrate. During investigation, magistrate record statement related to a crime or confession under section 164 which has lasting effects on administration of justice.
Before 1996, the executive magistrates played their effective role by implementing the above said sections of the law as they are truly field officers. They were public functionaries and remain in touch with the people of locality. Executive magistrate being the collector sub division knew in depth every happening in rural areas through the institute of Numberdar (Village Headman). Moreover, he has freedom of movement and can inquire the matter by himself going to police stations. He effectively used the above said sections of CrPc which resulted in an effective CJS at grass root level.
The present situation can be improved by amending the relevant sections of the criminal justice system’s laws as per requirements of the society and situation prevailing. An effective coordination of judiciary, executive and police will make the present CJS a success story.