Inherent Powers of the High Court under the Criminal Procedure Code (CrPC)

The inherent powers of the High Court, as enshrined in Section 482 of the Criminal Procedure Code in India (Section 528 in BNSS) , are a critical aspect of the judiciary's ability to administer justice. These powers are not explicitly laid out in the code but are derived from the need to ensure that justice prevails and that the legal process is not misused. The inherent powers serve as a tool for the High Courts to intervene in situations where the rigid application of the law might result in injustice or where the process of law is being abused. This essay explores the scope, purpose, and limitations of these inherent powers.

Scope and Purpose

Section 482 of the CrPC states: "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 provision is a clear indication of the judiciary's role in ensuring that justice is not just a mechanical application of laws but is served in its true spirit. 

The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, particularly Section 528, retains the inherent powers of the High Court. This provision mirrors Section 482 of the old Criminal Procedure Code (CrPC), 1973. The core idea is that nothing in the BNSS shall be construed to limit or impact the High Court's inherent powers. These powers are crucial for making orders that ensure the enforcement of justice, prevent the abuse of court processes, and secure the ends of justice.

The primary purpose of these inherent powers is twofold. Firstly, they aim to prevent an abuse of the process of the court. The courts are expected to act as forums for justice, not as instruments of harassment. If a legal proceeding is found to be frivolous, vexatious, or designed to harass an individual, the High Court has the power to quash such proceedings. This ensures that the legal system is not misused by litigants with ulterior motives.

Secondly, the inherent powers are meant to secure the ends of justice. The High Court can intervene in cases where the application of legal provisions would lead to an unjust outcome. For instance, if a person is wrongfully accused of a crime due to malice or mistake, the High Court can step in to quash the FIR or the charge sheet to prevent injustice. These powers are, therefore, an essential part of the judicial mechanism to ensure that the law serves its ultimate purpose—justice.

So , purpose of inherent powers is : 

• To give affect of any order already passed 
• To prevent the abuse of any powers of court or abuse of any provision of the code 
• To secure the ends of justice 

The use of inherent powers by the High Courts has been the subject of various landmark judgments, which have further defined the scope and limits of these powers. In the case of State of Haryana v. Bhajan Lal (1992), the Supreme Court of India laid down several guidelines for the exercise of inherent powers under Section 482. The court held that the High Courts could quash criminal proceedings where the allegations made in the FIR or the complaint do not prima facie constitute any offense or are so absurd that no prudent person could ever reach a just conclusion that there is sufficient ground for proceeding against the accused.

Another significant case is R.P. Kapur v. State of Punjab (1960), where the Supreme Court emphasized that the inherent powers must be exercised sparingly and only in rare and exceptional cases. The Court warned against the misuse of these powers and stressed that they should not be used to stifle legitimate prosecution.

These judicial pronouncements have had a profound impact on the functioning of the criminal justice system in India. They have provided clarity on the circumstances under which the High Courts can exercise their inherent powers and have established that these powers are not unlimited but are bound by the principles of justice and fairness.

Limitations and Concerns

While the inherent powers of the High Courts are essential for maintaining the integrity of the judicial process, they are not without limitations. The courts are expected to exercise these powers with caution, restraint, and circumspection. The judiciary must balance the need to prevent abuse of the legal process with the need to allow legitimate prosecutions to proceed.

One of the key limitations is that the inherent powers should not be used as a substitute for regular legal remedies. The High Court should not intervene in every case where an accused seeks to quash proceedings. Instead, these powers should be reserved for cases where there is a clear abuse of process or where the ends of justice would be defeated if the court did not intervene.

Moreover, the exercise of inherent powers must respect the findings and decisions of lower courts unless there is a compelling reason to overturn them. The High Court should not act as an appellate court in cases where the trial has not yet concluded, except in exceptional circumstances where there is a manifest miscarriage of justice.

Conclusion

The inherent powers of the High Court are a vital part of the Indian judicial system. They empower the judiciary to act as the guardian of justice, ensuring that the legal process is not misused and that justice is served in its true sense. However, these powers come with a responsibility to exercise them judiciously, sparingly, and in a manner that respects the sanctity of the judicial process. By maintaining this balance, the High Courts can continue to protect the rights of individuals while upholding the rule of law and the principles of justice.