1. Introduction If no express provisions exist in a statute, the Court will exercise its inherent power to do justice. If some specific provisions have expressly been provided to deal with specific issues then the inherent powers of the Court cannot be used. The inherent Powers can only be used to support the provisions of the code but not to overrule express provisions. 2. Relevant provision Section51 of Criminal Procedure Code deals with the inherent powers of the court to do justice. 3. Definition of inherent powers Inherent powers of the court are such powers which have not been specified in the constitution but which are used to provide full and complete justice between the parties before it 4. Powers of the court exercised U/s 151 Following are the powers which are exercised by the court under section 151 of C.P.C. Details are as under. 1. Powers to “do what is right” Section 151 of C.P.C recognizes inherent powers of the every court for provision of justice in accordance with law” to do what is right” in order to secure ends of justice. 2. Powers to “undo what is wrong” Section 151 of C.P.C recognizes inherent powers of the every court for provision of justice in accordance with law to “Undo what is wrong” in order to secure ends of justice. 3. Powers to redress upon the facts Section 151 of C.P.C recognizes inherent powers of the every court for provision of justice in accordance with law to redress the case upon facts and circumstances of the case because there is no legislative guidance in law to deal with such particular cases. 4. Powers in absence of express provisions Section 151 of C.P.C recognizes inherent powers of the every court in the absence of express provision upon any particular issue; the court can use its inherent powers to deal with such situation in order to secure ends of justice. 5. Powers in existence of express provisions Section 151 of C.P.C provides that the court should not exercise its inherent powers where an express provision has been provided in the code. 6. Not against the express provisions Section 151 of C.P.C provides that the court should exercise it inherent powers in a way that it should not be against the express provisions of the code. 5. When inherent powers can be exercised Following are the grounds when court can exercise its inherent powers. Details are as under. 1. In the absence of express provisions Under the provision of Section 151 of C.P.C every court can exercise its inherent powers for the ends of justice in the absence of express provisions for any particular issue. 2. For the ends of justice Under the provision of Section 151 of C.P.C every court can exercise its inherent powers for the ends of justice or to prevent failure of justice and no rule can restrict the inherent power of the court. 3. To prevent abuse of process of court Under the provision of Section 151 of C.P.C every court can exercise its inherent powers to prevent abuse of process of court and no rule can restrict the inherent power of the court. 6. When inherent powers cannot be exercised Following are the grounds when court cannot exercise its inherent powers. Details are as under. 1. When prohibited by law Under the provision of Section 151 of C.P.C every court cannot exercise its inherent powers to do what is prohibited by law on the name of ends of justice. 2. When express provision exist Under the provision of Section 151 of C.P.C every court cannot exercise its inherent powers when express provisions are exist to deal with any particular matter. 7. Jurisdiction of court on inherent power The court of law can only exercise its inherent powers only if it has jurisdiction over a matter before it if no specific provision available in the code. The court cannot create jurisdiction on its own motion, and cannot decide a dispute on its own motion. 8. Nature of inherent powers Under the provision of law, inherent powers are such powers which have not been given to the court expressly in the constitution but court has been authorized to use its power if needed at any stage during the course of judicial proceedings. 9. Conclusion To conclude I can say that under the provision of section 151 of CPC the court has an authority to use its inherent powers in the absence of express provision on a particular issue but some limitations have been imposed upon inherent powers of the court if court exercises its powers which are inconsistent with, in conflict with any express provision of the code.
