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

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
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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.