A Critical Study Of Inherent Powers Of High courts In Administration Of Criminal Justice In India

Abstract

This research work would like to critically study the inherent powers of the high court in the administration of criminal justice in India. To achieve the same and to provide a better understanding to the study this thesis has been divided into 6 chapters having various subdivisional headings within them in order to segregate and understand the concepts in detail. By way of this chapter scheme a road map into this study will be established. The first chapter will provide an understanding of the theoretical concept as well as the various applications of the „Inherent Powers‟ of the High Court under Section 482 of the Criminal Procedure Code, 1973. The chapter aims to set the stage for a reading of how the provision for „Inherent Powers‟ has transformed over the course of many decisions of different Courts. The research gap has been sought through a review of the referenced literature along with the research methodology. The chapter essentially provides a bird‟s eye view of what the following chapters would delve into. Sources of data and the nature of information as well as the method in which the research has been conducted are also clearly outlined in this chapter. The second chapter will go into the depth of explaining the concept of criminal courts in India and the various inherent powers it possesses. It will begin by giving an understanding as to how these criminal courts are incorporated. Under which the chapter will also deal with the hierarchy of criminal courts and the powers vested upon each of them, followed by understanding the jurisdiction of these courts which may be original, revisional or appellate jurisdiction based on its hierarchy. Administration of criminal justice system will be explained by studying the concept of criminal justice system and initiation and continuation of proceedings. Furthermore, appointment and role of public prosecutor will also be understood by analysing the public prosecutor‟s duty, importance and the role that he plays within the criminal justice system is paramount and hence it will be gone on to be explained in detail. This chapter will further move on to understand the inherent powers vested upon the courts through the statutory provisions and constitution by initially understanding its meaning followed by the background of section 482, purpose behind the incorporation iii of section 482 of the code. The same will be explained with the help of various precedents for a better understanding. This chapter will not forget to explain the limitation of the inherent power under section 482 of the code as well as the effects that the inherent powers has had on our criminal justice system. The stages of invoking these inherent powers has also been duly mentioned. Maintenance submission of charge sheet and limitations, which have been, prescribe interlocutory and intermediate orders and the various alternative remedies available will be explained in detail along this chapter.