CENTRAL UNIVERSITY OF SOUTH BIHAR

SCHOOL OF LAW & GOVERNANCE

PROJECT
Inherent power of court

Under the Supervision of :- Dr. P. K. Mishra

Submitted By:- Prafulla
B.A. LL.B. – 4th Semester
Enrolment - CUSB1613125037

ACKNOWLEDGEMENT
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I would like to express my special thanks of gratitude to my subject teacher Dr.
P. K. Mishara, who gave me the golden opportunity to do this wonderful project
on the topic inherent power of court, which also helped me in doing a lot of
Research and during the completion of this project I came to know about so
many new things I am really thankful to him.

I have taken lots of efforts for the completion of this project. However, it
would not have been possible without the kind support and help of many
individuals and organizations like Library and Computer Lab. I would like to
extend my sincere thanks to all of them.

Secondly I would also like to thank my parents and friends who helped me a
lot in finalizing this project within the limited time frame.

I am highly indebted to Central University of South Bihar for their

guidance and constant supervision as well as for providing necessary
information regarding the project & also for their support in completing the
project.

CONTENTS
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 1. INTRODUCTION…………………………………………………………………4

2. INHERENT POWER OF COURT………………………………………………..5

3. INHERENT POWER OF SUPREME COURT…………………………………..5

4. INHERENT POWER OF HIGH COURT………………………………………..6

5. WHEN CAN THE INHERENT POWERS BE EXERSIED…………………….7

6. INHERENT POWER OF CIVIL COURT……………………………………….8

7. CONCLUSION…………………………………………………………………..12

Introduction

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There exists an age-old and well-established principle that every court has power to act ex
debito justitiae to do that real and substantial justice for the administration of which alone it
exists. Also, it has an inherent duty to prevent abuse of the existing processes of the court.
Inherent powers are those powers which are not subject to being taken away from courts and
may be used by a court to do complete and satisfied justice between the parties before it.
Whether civil or criminal, in the absence of the prohibition of the procedure, is to be deemed
to possesses inherent powers embodied in its constitution as may be necessary, to do justice
and to undo the wrong, in the course of providing of justice. The inherent powers of the court
are fairly wide to serve the ends of justice.

Inherent power of the High court under section 482 of the criminal procedure is unique in
criminal jurisprudence. It is the most potent weapon for the high court to clear the province of
criminal law jurisdiction of all vitiating and malicious influences. The questions naturally
raised in the context are about the scope, extent and limitation of the power. The powers are
not available to the subordinate courts for the obvious reason that there will be pandemonium
in the criminal justice system'. The inherent powers are available only to the High Court for
reasons historical, jurisprudential and practical. Still the High Courts have to labour hard to
wield the inherent powers without being erratic, slipshod or arbitrary. The nature of the
powers is such that there is no statutory mechanism to check its misuse or abuse. One has
only to believe that the High Court like Calphurnia is beyond suspicion. Whatever controls
are perceived to be embedded in the decision of the Supreme Court, the Supreme Court itself
admits that so far as inherent powers of the High Court are concerned, one has to believe in
the good sense of the judges and the degree of reticence, reserve and restraint practiced by
them. The inherent powers of the High Court are preserved by section 482 of the Criminal
Procedure Code. As rightly observed by the Supreme Court:-"The Power of the High Court,
therefore is very wide. However, the High Court must exercise such power sparingly and
cautiously. When the High Court notices that there has been a failure of justice or misuse of
judicial mechanism or procedure, sentence or order is not correct, it is but the salutary duty of
the High Court to prevent the abuse of the process or miscarriage of justice."1

inherent power of the court

1
Krishnan v. Krishnaveni, AIR 1997 S.C. 987

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The word “Inherent” is very wide in itself. It means existing and inseparable from something,
a permanent attribute or quality, an essential element, something intrinsic, or essential, vested
in or attached to a person or office as a right of privilege. Hence, inherent powers are such
powers which are inalienable from courts and may be exercised by a court to do full and
complete justice between the parties before it. The inherent powers are considered necessary
to do the right and undo the wrong in the course of administration of justice and to be
regarded as ‘supplementary to specially conferred powers. Inherent powers have roots in
necessity and they are coextensive with necessity in order to do complete justice.

Administration of justice is the paramount duty of the court. And therefore every court not
only is required but deemed to possess all such powers necessary to do the right and to
reverse the wrong in the course of administration of such justice.in fact the section 482 of the
code of criminal procedure deals the inherent power of the high court and section 482 of the
code of criminal procedure1973, provides for the 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” 2. And
Section 151 of the Code of Civil procedure, 1908 provides for the saving of inherent powers
of the court as “Nothing in this Code shall be deemed to limit or otherwise affect the inherent
powers of the court to make such orders as maybe necessary for ends of justice or to prevent
abuse of the court.” Therefore the inherent powers of the court are complimentary powers
which the court is free to exercise for the ends of justice or to prevent the abuse of the process
of the court3. And Article 142 is given under in our Constitution which empowers the
Supreme Court to pass such "decree or order as may be necessary for doing complete justice
between the parties"4

Inherent powers of the Supreme Court under the Constitution

 The Constitution 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.
2
Takwani, criminal procedure, 483,LexisNexis, Harayana,4 th edn.2015
3
IT ACT,2000,India,avilableat: https://indiankanoon.org (last visited on 22/03/2018
4
P. M. Bakshi, The constitution of India,171,LexisNexis, Harayana,13 th edn.2015

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  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 provide in the process to do complete
justice, Supreme Court has the power to pass any Judgment, decree or order as is
necessary. Any such order made by Supreme Court will be enforceable all over the
territory of India. The instrument of enforcement of such order shall be determined by
the law that has been passed by parliament regarding it. If there will be no existing
law there passed by parliament to enforce the order passed by SC then, a President’s
order shall determine it by prescription. In this article, Supreme Court can also give
order for the attendance of a person, ask for discovery and production of documents,
and can also investigate and punish for its contempt.

These powers have been given to Supreme Court because the Supreme Court protect the
other court from any type of jurisdictional difficulties and does not harm the court to do
justice among the parties before it.

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 is 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 powers are available only to the High
Court for reasons philosophical, historical and practical.

According to Sec 26 of CrPC, 1973, Offences under the Criminal Procedure Code are divided
in two parts;

1. Offenses under Indian Penal Code (IPC).

2. Offenses under any other law.

Section-482 of CrPC deals with Inherent powers of the Court. Section- 482 of CrPC of
provides:

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“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 were unable to render complete justice even if in a given case the illegality was
palpable and apparent. The section envisages three circumstances in which the inherent
jurisdiction may be exercised, namely:

1. To give effect to an order under CrPC.

2. To prevent abuse of the process of the court.
3. 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 any
exceptional or extraordinary reason, it would do so. The High Court can interfere for securing
the ends of justice. For example, when a clear constitutional provision of law is violated, the
High Court can interfere to safeguard proper freedom. The independence of Judges must be
preserved and they must be permitted to perform their functions freely and fearlessly, without
the undue influence of anyone. Section 482 of the CrPC deals with the inherent powers of
the court. This section was added by the Code of Criminal Procedure (Amendment) Act of
1923, as the high courts were unable to render complete justice even if the illegality was
apparent.

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).

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  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 High Court does not conduct a trial or appreciate evidence. This power of High
Court is limited to cases that compel it to intervene for preventing a palpable abuse of
a legal process.
 The High Court has the right to provide relief to the accused even if he or she has not
filed a petition under section 482.
 If any trial is pending before the apex court, and has been directed to the session’s
judge for the issuance a non- bailable warrant regarding an arrest of the Petitioner(s),
this power of High Court cannot be exercised.
 Section 482 of the CrPC specifies that the inherent power is not intended to scuttle
justice at the threshold, but to secure justice.
 This power has to be exercised sparingly with circumspection and in the rarest of rare
cases, but it cannot be said that it should only be exercised in the rarest of rare cases.
The expression rarest of rare case may be exercised where death penalty is to be
imposed under Section 302 of IPC but this expression cannot be extended to a petition
under Section 482 CrPC.
 Any proceeding if it finds that initiation to abuse of the process of Court, Court would
be justified to the quashing of these proceedings.
 As long as the inherent power under Section 482 of CrPC is in the statute, the exercise
of such power is not impermissible.

Inherent powers of the Civil Court

The law that deals with the inherent powers of the Civil Court falls under Section-148 to
Section-153A of the Civil Procedure Code (CPC), which envisages the exercise of powers in
different circumstances. The provisions that deal with these inherent powers are:-

Section-150: This provision is related to the transfer of business.

Section-151: It conserves the inherent powers of the courts

Section 152, 153 and Sec 153A: These provisions of the CPC deal with amendments in
decrees, judgments orders or in other proceedings.

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Provisions under Civil Procedure Code

Section 148, clearly points out that the court has no application when the time has not been
fixed or granted for doing a particular act, that has not been prescribed or allowed by the
court. This power of the court, being discretionary in nature cannot be claimed as a right.
Section 148 provides that the court may extend to a maximum period of 30 days, when a
definite time period is fixed or granted by it, for doing an act.5

Section 149 deals with payment of court fees. The power of the court is discretionary and
must be exercised only in the interest of justice. This section certifies the court to allow a
party to make up for the deficiency of court fees payable on a plaint or a memorandum of an
appeal etc., even after the expiry of the limitation period that is provided for the filing of a
suit or an appeal etc.6

Section 150 of CPC relates to the ‘Transfer of businesses’, and provides thus: “when the
business of any court is transferred to any other court, the transferee court will exercise the
same power or discharge same duties conferred or imposed by CPC upon the transferring
court“.7

Section 152 provides that “clerical or arithmetical mistakes in Judgments, decrees or orders
arising from any accidental slip or omission may at any time be corrected by the court either
on its own motion or on the application of any of the parties”.

The apex court explained that Section 152 is based on two principles:-

 Any act of the court shall not lead to any discrimination against anyone.
 It is the duty of the court to ensure that its records are true and represent the correct
state of affairs.

Section 152 and 153 of the CPC makes it clear that the court may correct any mistake made
in their records, at any time. While Section 152 is confined to amendments of Judgments,
orders or decrees, Section-153 confers a general power on the court to amend defects or
errors of any proceedings in a suit saving of inherent powers of court. Nothing in this Code
shall be deemed to limit or otherwise affect the inherent power of the court to make such
orders as may be necessary for the ends of justice, or to prevent abuse of the process of the

5
IT ACT,2000,India,avilableat: https://indiankanoon.org (last visited on 22/03/2018)
6
Ibid
7
IT ACT 2000,India,available at:https//

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court. Necessary amendments can be made in order to determine the real issues between the
parties.

Section 482 of the crpc and section 151 of cpc

Section 482 corresponds to section 151 of the code of civil procedure, 1908 and proceeds on
the same principle. Section 151 of the code of civil procedure 1908 confers inherent power on
all civil courts; section 482 of the code of criminal procedure, 1973 confers such power only
on high courts.

State of Karnataka vs muniswamy 8

In this case, the saving of the high court’s inherent powers, both in civil and criminal matters
is designed to achieve a salutary public purpose that a court proceeding should not be
permitted to degenerated into a weapon of harassment and persecution.

R. P. Kapoor vs state of punjab9

In this case, the Supreme Court observed that “it is well established that the inherent
jurisdiction of the high court can be exercised to quash proceedings in a proper case either to
prevent the abuse of the process of any court or otherwise to secure the ends of justice.
Ordinary, criminal proceedings instituted against an accused person must be tried under the
provisions of the code, and the high court would be reluctant to interfere with the said
proceeding at an interlocutory stage. It is not possible, desirable or expedient to lay down any
inflexible rule which would govern the exercise of this inherent jurisdiction. However, we
may indicate some categories of case where the inherent jurisdiction can and should be
exercised for quashing the proceedings. There may be case where it may be possible for the
high court to take the view that the institution or continuance of criminal proceeding against
an accused person may amount to the abuse of the process of the court or that the quashing of
the impugned proceedings would secure the ends of justice. If the criminal proceeding in
question is in respect of an offence alleged to have been committed by an accused person and
it manifestly appears that there is a legal bar against the institution or continuance of the said
proceeding the high court would be justified in quashing the proceeding on that ground.
Absence of the requisite sanction may, for instance, furnish case under this category. Case
may also arise where the allegation in the first information report or the complaint, even if
they are taken at their face value and accepted in their entirety, do not constitute the offence
8
AIR 1977 SC 1489
9
AIR 1960 SC 866

10
constitute the offence alleged, in such case no question of appreciating evidence arises; it is a
matter merely of looking at the complaint or the first information report to decide whether the
offence alleged is disclosed or not. In such case it would be legitimate for the high court to
hold that it would be manifestly unjust to allow the process of the criminal court to be issued
against the accused person. A third category of case in which the inherent jurisdiction of the
high court can be successfully invoked may also arise. In case falling under this category the
allegation made against the accused person do constitution and offence alleged but there is
either no legal evidence adduced in support of the case or evidence adduced clearly or
manifestly fails to prove the charge. In dealing with this class of class it is important to bear
in mind the distinction between a case where there is no legal evidence or where there is
evidence which is manifestly clearly inconsistent with the accusation made and case where
there is legal evidence which on its appreciation may or may not support the accusation in
question.10

Ram narain vs mool chand11

In this case, inherent power for securing the ends of justice can be exercised only if following
three conditions are fulfilled.

 The injustice which comes to the light must be gave and not of a trivial character;
 It should be clear and palpable and not of a doubtful nature; and
 There should exist no other provision of lawby which the aggrieved party could have
sought relief.

CONCLUSION

10
Takwani, criminal procedure 483,LexisNexis, Harayana,4 th edn.2015
11
AIR 1960 ALL 296

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Now the legal system highly developed. The governance of rights and liabilities depend upon the law
and its principles, rather than equality and we still find the basis of such laws in the concept of
justice. Justice has been the fundamental basic of all the civilizations of the world. In our legal
system, every court is composed for the purpose of serving justice to the people. The court must be
deemed to possess all such powers that may be necessary to do the right thing, and to undo the
wrong in the process of providing justice. The court has an inherent duty to stop the abuse of the
existing processes of the court. The court has often used Article-142 of the Indian Constitution, as a
tool for doing complete justice. The Supreme Court has always risen to the occasion to ensure that
the supremacy of law prevails, yet its strict adherence does harm to no one.

In the code of criminal procedure, 1973 section-482 is really important and has a wide scope for the
courts to use it in a proper way. This section of code of Criminal procedure enables the court to stop
the public from filing complaints regarding a fictitious matter, which may never have occurred, in
order to fulfill their personal grudges.

In the code of civil procedure, it may be suggested that the norms laid down by the courts in the
exercise of inherent powers together with restriction and limitation on the exercise of such power,
can be codified in the form of rules to be framed by the Supreme Court and be made available to the
courts for their guidance.

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