Section 482 of the Criminal Procedure Code 1973 deals with inherent powers of the High court.
Section 482 in The Code Of Criminal Procedure, 1973 is as follows –
Saving of inherent powers 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.
Section 482 of CrPC 1973
Section 482 does not give the power to High Court but it saves the powers of the High Court because the High Court has already powers. CrPC only save the High Court from the provisions of the CrPC 1973. Similarly other Courts than High court have also the inherent power but the powers of magistrate and judges other than High court has not been saved by the CrPC 1973.
The High Court under section 482 of the Criminal Procedure Code has the inherent powers to pass any order over and above the express provisions of the CrPC. As per section 482, the High Court can pass orders in the exercise of its inherent powers to make the other orders effective or to prevent any misuse of process of the court or otherwise when ever it will be deemed to essential in the interest of justice.
Meaning of ‘ Nothing in this Code ‘
Section 482 uses the words ‘nothing in this code’ and not the word ‘notwithstanding’ by the use of the word ‘nothing’ it act as a saving clause i.e it saves certain powers of the court on the other hand if the word ‘notwithstanding’ has been used it would have given an over riding power above the express provisions of CrPC.
By using the word ‘nothing’ 482 in effect declares that the inherent powers of the High Court is complementary to the express provisions of CrPC.
Otherwise also inherent powers are never conferred rather it is acknowledged or declared to exist.
the language of section 482 is such as is suggestive that the inherent powers were existing in High Court per se; it is only for the purposes of protecting and clarifying that section 482 has been declared.
The effect of the use of the word ‘nothing’ is as discussed above to create a complimentarity between the powers of High Court and Code of Criminal Procedure 1973. And therefore whenever an application under section 482 is filed before High Court, the attitude of High Court will be always to explore whether the proceeding is expressly provided somewhere in Code of Criminal Procedure or not, and if not then only it will examine whether section 482 will apply or not.
Guidelines regarding application of Inherent Powers
The essential guidelines for the application of inherent powers are provided in section 482 itself . Which is as follow-
- If under some provisions of Code of Criminal Procedure an order has been passed and in order to make that order effective it is required that another complementary order shall be passed and there is no express provision in that regard then the High Court can pass that complementary order under section 482. For the applicability of this guideline it is essential that some order shall already have been passed.
- if there is some specific provision in Code of Criminal Procedure and it is found that either some subordinate Court or some other authority or any party is misusing that provision either by wrongly applying that provision or not properly applying to that provision, then it will amount to an abuse a process of court and here also order can be passed under section 482 to prevent the misuse of the process of law.
- In the last part of section 482 it is provided that the court can pass any orders in the interest of justice.
here no specific guidelines except the interest of justice and their can be said that it is residually provision for the exercise of inherent powers. The court has to do a balance between the interest of victim and accused and also the societal interest in fair proceeding and justice. And accordingly the Court can pass orders whereever situation of ‘non liquet’ (absence of law) is found.
There are express provisions which prohibit the doing some act in the Code of Criminal Procedure or prohibiting a particular process however in specific circumstances justice may required that despite the prohibition an order Shall be passed in the interest of justice; good afternoon procedure being a procedural it may be given a flexible interpretation and application in such cases. However Code of Criminal Procedure being the criminal process there has to be a greater rigidity in the CrPC as compared to Civil Procedure Code in this respect.
Leading Judgment on Section 482
Jandu Pharmaceutical Works Ltd. V. Md. Sharaful Haque 2005 SC
It was held that Section 482 does not confirm any new powers on the High Court. It only saves the inherent power which the court possessed before the enactment of the Code of 1973.
Divine Retreat Centre V. State of Kerala and others 2008 SC
There is nothing like unlimited arbitrary jurisdiction conferred on the High Court under Section 482 of the Code. The power has to be exercised sparingly, carefully and with caution only where such exercise is justified by the tests laid down in the section itself. It is well settled that Section 482 does not confer any new power on the High Court but only saves the inherent power which the Court possessed before the enactment of the Code. There are three circumstances under which the inherent jurisdiction may be exercised, namely, (i) to give effect to an orderunder the Code, ( ii ) to prevent abuse of the process of court, and ( iii) to otherwise secure the ends of justice.
