Inherent Powers + hierarchy of Courts + Competency/ Powers + irregularities

Question 1

DIFFERENCE - INVESTIGATION ; INQUIRY ; TRIAL

Answer 1

Investigation – S 2(h)
Re- investigation
Further Investigation
Inquiry – S 2 (g)
Judicial Proceeding – S 2 (i) + Indian Evidence Act – TRIAL
Simultaneous proceedings
Investigation + Inquiry – No trial = no cognizance
Only Inquiry – No trial = no cognizance on complint
Only Trial – No Inquiry / Investigation ? = not possible
Inquiry ≠ Trial = mutually exclusive
Inquiry + trial = Additional Prosecution ;
Inquiry + Investigation = Further investigation ; 202 ; 159

Question 2

IRREGULARITIES IN PROCEEDINGS

Question 3

INHERENT POWERS
Purpose and policy (1)
Keywords of provision (5)
Explanation of keywords + concepts
Associated Doctrine / theory (2)
Extra & intra linkages

Answer 3

Purpose and policy To do complete injustice in the matter where the code is either silent or inadequate.
Keywords of provision “Nothing in this Code”- saving clause; not Non-obstante clause/over-riding clause; non-liquet (a situation of silence/absence of law)
“the” (per se/ pre-existing powers)
“inherent powers”
“of the High Court” (Do lower Courts also have inherent powers?)
Power to interfere in Investigation proceedings
Progress report – proper investigation - Incidental/ancillary powers – Sakiri Vasu v State of UP(2007 SC)
A R Antulay v RS Nayak (1992 SC)
Dharmesh Bhai, Vasudev Bhai v State of Gujrat (2009 SC)

“as may be necessary” (exceptional/ sparingly used)
grounds of exercising power ; scope & ambit
1 to give effect to any order under this Code (positive)
2 to prevent abuse of the process of Any court (preventive)
3 otherwise to secure the ends of justice (residuary)

Explanation of keywords + concepts Concept of Inherent Power
Associated Doctrine / theory Ex debito justicea
When law gives something to any person, it also gives to him that without which that thing cannot exist
Extra & intra linkages Difference between S. 482 Crpc and S. 151 CPC.

Question 4

COMPETENCY TO PUNISH

Question 5

COMPETENCY TO TAKE COGNIZANCE

Answer 5

Stage – Cognizance 
Meaning of Cognizance
To be taken by whom?
S 190 + transfer- S 192
S 190 (1)(c) + transfer -s 191
S 190 -> 193 + 209 – Committal Cognizance + transfer S. 194

TO be taken of What ? OFFENCE
Whether territorial jurisdiction relevant? No
Whether Limitation relevant ? Yes
To be taken on What? (1)(a)(b)(c) + Sanction 195, 196, 197 + Complaint only 198, 199

Question 6

COMPETENCY TO TRY / TO COMMIT

Answer 6

Stage – Framing of Charge (after issue of process)
S 26 – “Subject to”
“offence under IPC” – (a) – Original / Concurrent jurisdiction – HC/ CoS / Other Court (Sch I, first part, Column VI)
“offence under any other law” – (b) - Original / Concurrent jurisdiction – Special Court / HC/ CoS / Other Court (Sch I, second part, Column IV)

DICHOTOMY Between Competency to try (Sch I, first part, Column VI) and to punish (S 28, 29) ? S 325
Can HC/ CoS can be Court of first instance although other Court has been shown in Schedule ? S 26
How do cases reach to HC/CoS in Original jurisdiction ?
S 193 + 209 – Committal Cognizance
S 323(power) “ought to be tried” + 209(procedure)
S 408, 409 -Power of Sessions Judge
S 407 – Power of HC
Art 142 – Power of SC

Question 7

TRANSFER OF CASES

Question 8

TERRITORIAL JURISDICTION