Report No. 141

Third Recommendation

7.4. Amendment pertaining to conferment of inherent powers on the trial court as well.-

Finally, having considered the earlier recommendation made in the 14th Report and reiterated in the 41st Report of the Commission, it is recommended that the provision relating to inherent powers of the Court to do justice etc. be expanded, so as to confer power on criminal courts other than the High Court. Otherwise, even a maintenance application under section 125, Cr. P.C. dismissed for default in appearance may not be restored on the reasoning that courts exercising jurisdiction under Cr. P.C. (except High Court) do not possess inherent powers. Our recommendation accordingly is that present section 482 of the Code may be renumbered as section 482(1) and a new sub-section should be added in that section, as under:-

"(2) Criminal courts other than the High Court shall also have inherent powers to make such orders as may be necessary to prevent abuse of the process of the court or otherwise to secure the ends of justice."

7.5. We recommend accordingly.

M.P. Thakkar,
Chairman.

Y.V. Anjaneyulu,
Member.

P.M. Bakshi,
Member.

Mahesh Chandra,
Member.

G.V.G. Krishnamurty,
Member-secretary.

New Delhi,
Dated: 30th July, 1991.