Grounds on which inherent powers to be exercised

Presented by: -
Priyansh Sharan
15021
Group 2
Introduction: -

 If the Court finds that the Code has not made specific provision to meet the
exigencies of any situation, the court of law has inherent power to mould the
procedure to enable it to pass such orders as the ends of justice may require.

 The High Court has inherent powers and they have been given statutory
recognition by enacting Section 482.

 Section 482 was added by an amendment in 1923, it is a reproduction of the

section 561(A) of the 1898 code.
Inherent Powers under Section 482

 Section 482 of the Code of Criminal Procedure, 1973 reads as follows: -.

 “Saving of inherent power of High Court: -
 Nothing in this Code shall be deemed to limit or affect the inherent powers of the
High Court to make such orders as may be necessary to give effect to any order
under this Code, or to prevent abuse of the process of any Court or otherwise to
secure the ends of justice.”
 The powers of the High Court U/s 482 Cr.P.C are partly administrative and partly
judicial.
 It comes into action when the court acts judicially and passes an order. If order is
passed by Executive officer of State in administrative capacity, it has no
application.
Grounds of exercising powers under Section 482

 The inherent power oh High Court can be exercised:

 To give effect to an order under the Code; or
 To prevent abuse of the process of Court; or
 To secure the ends of justice.
 The Supreme Court in Madhu Limaye v. State of Maharashtra, has held that the
following principles would govern the exercise: -
 The power is not to be resorted to if there is a specific provision in the Code for the
redress of the grievance of the aggrieved party;
 It should be exercised very sparingly to prevent abuse of the process of any Court or
otherwise to secure to the ends of justice;
 It should not be exercised as against the express bar of the law engrafted in any other
provision of the Code.
Limitation of Section 482

 Even though the inherent jurisdiction of the High Court under Section 482 is very
wide, it has to be exercised sparingly, carefully and with caution.
 In State of Bihar and another v. K.J.D. Singh, The Supreme Court went ahead and
held that
"The inherent power under Section 482 has to be exercised for the ends of the justice
and should not be arbitrarily exercised to cut short the normal process of a criminal
trial.”
 In R.P. Kapoor v. State of Punjab, Hon'ble Supreme court went on to limit the
powers of the Hon'ble High Court within the ambit of the CrPC.
 Inherent powers under section 482 can be exercised only when no other remedy is
available to the litigant and NOT where a specific remedy is provided by the statute.
Thank You