Inherent Power of Court

Inherent power of
Court
Inherent powers of the
Supreme Court under the
The ConstitutionConstitution
of India under Article 136 provides
powers upon the Supreme Court such as the power to
grant special leave petition against any orders or
judgments from any court or tribunal in the country.
The Supreme Court has the power to decide election

dispute of the President and the Vice President.
The Constitution of India through Article 142 provides

the Supreme Court of India for passing such “decree or
order as may be necessary for doing complete justice
among the parties“. In our Constitution Article-142
Inherent powers of the High
Court
Under section 482 of the Code of Criminal Procedure,
the inherent power of High Court is peculiar in
criminal jurisprudence. It is the most powerful weapon
for the High Court to clear the province of criminal law
jurisdiction of all vitiating and malicious influences.
The issue naturally lifted in the context are about the
extent, scope, and limitation of the power.
These powers are not available to the subordinate

courts for the obvious reason that there will be
pandemonium in the criminal justice system’.These
Contd…
Section-482 of CrPC deals with Inherent powers of the

Court.Section- 482 of CrPC of provides:
“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.”
This section was added by the Code of Criminal

Procedure (Amendment) Act of 1923 as the high courts
Section– 482
“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 the Code, or to prevent abuse of the process of
any court or otherwise to secure the ends of justice”.
The high court has the power to interfere in any case

where there is harassment of any person who is a
citizen of India, by illegal prosecution. The High Court
cannot obstruct at an interlocutory stage of a criminal
proceeding in subordinate court, however, if there is
When can the inherent
powers be exercised?
The jurisdiction is completely discretionary. The High
Court has the power to refuse to use its power.
The jurisdiction of High Court is not limited only to

cases that are pending before the High Court, and it
can consider any case that comes to its notice (in
appeal, revision or otherwise).
Under Section of 248 of CrPC, when the aggrieved

party is being unnecessarily harassed, then this power
can be implored if he has no other remedy open to him.
THE REAL POWERS OF
THE HIGH COURT U/S 482
CR.P.C.
Inherent powers u/s 482 of Cr.P.C. include powers to
quash FIR, investigation or any criminal proceedings
pending before the High Court or any Courts
subordinate to it and are of wide magnitude and
ramification. Such powers can be exercised to secure
ends of justice, prevent abuse of the process of any
court and to make such orders as may be necessary to
give effect to any order under this Code, depending
upon the facts of a given case. Court can always take
note of any miscarriage of justice and prevent the same
by exercising its powers u/s 482 of Cr.P.C. These
Madhu Limaye v.
Maharashtra,1977
The SC, held that the following principles would govern
the exercise of inherent jurisdiction of the HC:
Power is not to be resorted to, if there is specific

provision in code for redress of grievances of aggrieved
party.
It should be exercised sparingly to prevent abuse of

process of any Court or otherwise to secure ends of
justice.
It should not be exercised against the express bar of the

State of Haryana v. Bhajan
Lal (1992)
Supreme Court of India considered in detail, the
provisions of section 482 and the power of the High
Court to quash criminal proceedings or FIR. The
Supreme Court summarized the legal position by laying
the following guidelines to be followed by High Courts
in exercise of their inherent powers to quash a criminal
complaint:
Where the allegations made in the first information

report or the complaint, even if they are taken at their
face value and accepted in their entirety do not prima
LIMITATION ON SECTION
482 OF CR.P.C
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 and only when
such exercise is justified by the tests specifically laid
down in the section itself. It is to be exercised exdebito
justitiae to do real and substantial justice for the
administration of which alone, courts exist.
In a proceeding under section 482, the High Court will

not enter into any finding of facts, particularly when the
matter has been concluded by concurrent finding of

Inherent Power of Court

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Inherent power of

The Supreme Court has the power to decide election

The Constitution of India through Article 142 provides

These powers are not available to the subordinate

Section-482 of CrPC deals with Inherent powers of the

“Saving of inherent power of High Court- Nothing in

This section was added by the Code of Criminal

“Nothing in this code shall be deemed to limit or affect

The high court has the power to interfere in any case

The jurisdiction of High Court is not limited only to

Under Section of 248 of CrPC, when the aggrieved

Power is not to be resorted to, if there is specific

It should be exercised sparingly to prevent abuse of

It should not be exercised against the express bar of the

Where the allegations made in the first information

In a proceeding under section 482, the High Court will

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