The word not with standing has not been used as under section 482 cr.p.c. The
purpose of inherent powers is primarily to do complete justice in the given
case. There may be a situation of (Non-Liquet) where the Cr.P.C is silent upon a
particular issue, inherent powers of the High Court will come into picture and
take care of the particular situation to do complete justice. Perhaps the High
Court have to be very careful in exercising this power, because this power is
only to be exercised as an exception and no as a rule of law and to be exercised
sparingly i.e. with due care and caution to do the real and substantial justice.
Why only high court
Cr. P.c. relates to criminal matters and its proceedings effect the right to
life and personal liberty and therefore as a matter of policy that inherent
power should remail only in the superior courts which are more experienced and
hence such powers has been conferred in the high courts only.
Inherent powers refer to the discretionary powers possessed by high court, to
ensure the justice and maintain the law and order. Inherent powers exists per se
so they cannot be created, these powers are not explicitly conferred by statutes
but are implied or inherent in the very nature of the court's judicial
authority. In the context of section 482 of the criminal procedure code (cr.p.c)
in India, it grants the high court the inherent power to quash criminal
proceedings if necessary to secure the ends of justice, to prevent the misuse of
the process of the court or to pass order to give effect to the earlier order
Powers of high courts under section 482 of CrPC
- The High Court is given the authority to use its inherent powers to issue any orders required to uphold the goals of justice or to prevent abuse of the legal system under Section 482 of the Code of Criminal Procedure (CrPC).
The following is the High Court's authority under Section 482 of the CrPC in this section:
- Quashing of proceedings: Section 482 of the CrPC grants the High Court the leading authority to halt oppressive, frivolous, or vexatious actions. The court may stop any procedures that were started with malicious motives or meant to harass the accused using its inherent powers.
- Set aside Orders: The High Court may use its inherent authority to annul any orders made incorrectly or against the rules of natural justice. In addition, the court has the authority to annul orders acquired via deceit or deception.
- Stay proceedings: In proper circumstances, the High Court may utilise its inherent authority to stay the case. The court has the authority to halt proceedings to stop any party from taking undue advantage of the legal system or harassing the other party.
- Issue Directions: The High Court has the authority to give whatever instructions are required to see whether justice is done. The court can instruct lower courts to adhere to natural justice principles or follow the correct process.
- Correct errors: The High Court may use its inherent authority to make up for any mistakes or omissions that could have been made throughout the proceedings. Any anomalies in the order or procedural violations that could have caused unfairness to the parties may be rectified by the court.
- Prevent the abuse of powers: Preventing the misuse of the judicial process is something the High Court can do using its inherent authority. The court can stop any party from taking undue advantage of the legal system or harassing the other party.
- Provide temporary remedy: In proper circumstances, the High Court may provide interim relief. To prevent irreparable injury to either party or to maintain the status quo until the issue is finally decided, the court may give temporary relief.
Does judicial magistrate or court of session has no inherent power
In the case of " Sakiri Vasu v/s State Of UP
(2007) S.C, it was held that
magistrate do not have inherent powers as such. As that has been retained only
for high courts. However the magistrate do not have the implied incidental or
ancillary power to pass further order in order to make earlier order effective.
Magistrate do have the power to monitor and investigate. Here the word monitor
cannot be used in literal sense. As the judicial magistrate cannot go into
day-to-day investigation proceeding. Investigation is a prerogative of police
officer and hence unnecessary interface cannot be done by magistrate. Magistrate
can at the most keep an eye upon the investigation to ensure the justice.