Kylasanatha Pillay,K P; Sadasivan Nair,G(COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY, 1999)
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Abstract:
This thesis is shows the result of the research work on the inherent Powers of the High Court in criminal jurisdiction. The criminal justice system in India recognizes inherent powers only of the High Court. The Theory and Philosophy of inherent powers are concerned the Distinction between civil and Criminal laws are of very little consequence. In formulating the research programme the confusion created by the concept of inherent powers and its application by High Court form the central point. How fully the concept is understood, how correctly the power is used, and how far it has enhanced the rationale of the administration of criminal justice, what is its importance and what are the solutions for the inherent power to earn a permanent status in the province of criminal jurisprudence are the themes of this study. The precipitation of new dimensions is the yardstick to acknowledge the inherent powers of the High Court and Supreme Court. It is of instant value in criminal justice system. This study concludes innovativeness provided by the inherent powers has helped the justice administration draw inspiration from the Constitution. A jurisprudence of inherent powers has developed with the weilding of inherent powers of the Supreme Court and the High Court. It is to unravel mystery of jurisprudence caused by the operation of the concept of inherent powers this research work gives emphasis. Its significance is all the more relevant when the power is exercised in the administration of criminal justice. Application or non application of inherent powers in a given case would tell upon the maturity and perfection of the standard of justice