Inherent Power of Subordinate Courts with Criminal Jurisdiction
By
Ram Bhajan Rai
Necessity for Lacunae are sometimes discovered in procedural law and it is to cover such lacunae and to deal with cases where such lacunae are discovered that procedural law invariably recognizes the existence of inherent power in courtsl. This recognition of the inherent power need not always be express, implication is the general rule because:
'The 'inherent powers' of a court are such as result from the very nature of its organisation, and are essential to its existence and protection, and to the due administration of justice'2.
Again: 'The inherent power has its roots in necessity and its breadth is coextensive with the necessity'.
We need to be reminded that every court of law is a court of justice also. A court should not feel helpless in doing justice to a party to litigation unless prohibited by specific provision of law. The gibe of Woodroffe, J. (in the context of a civil case be ....