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Court's duty to do justice in all cases, whether provided for or not, carries with if the necessary power to do justice in the absence of express provisions. Every Court is constituted for the purpose of administering justice between the parties and, therefore, must be deemed to possess, as a necessary corollary, all such powers as may be necessary to do the right and to undo the wrong in the course of administration of justice. As stated above, the code of criminal procedure is a procedural or adjective law and the provisions thereof must be liberally construed to advance the cause of justice and further it ends. The inherent powers of the court are in addition to the powers specifically conferred on the court by the Code. They are complementary to those powers and the court is free to exercise them for the ends of justice or to prevent the abuse of the process of the court. The reason is obvious. The provisions of the Code are not exhaustive for the simple reason that the legislature is incapable of contemplating all the possible circumstances which may arise in future litigation. Inherent powers come to the rescue in such unforeseen circumstance They can be exercised ex debito justitiae in absence of express provisions in the Code. As Justice Raghubir Dayal rightly states, "The inherent power has not been conferred upon the court; it is a power inherent in the court by virtue of its duty to do justice between the parties before it." Thus this power is necessary in the interests of Justice. The inherent power has its roots in necessity and its breadth is coextensive with the necessity. Section 482 of the Code enact the law relating to inherent powers of a court in different circumstances. According to dictionary meaning," inherent " means "natural", "existing", and inseparable from something", a permanent attribute quality", an essential element, something intrinsic or essential vested in or attached to a person or office as a right of privilege."

1. The Code of Criminal Procedure, Dr. N.V. Pranjape Central Law Agency, Allahabad.

2. Dr. S. N. Mishra, The Code Of Criminal Procedure, 22^th Edition 2020, Central Law Agency, Allahabad.

3. General Principles of Criminal Law, Dr. K.N. Chandrashekharan Pillai Eastern Book Company.

4. The Code of Criminal Procedure, Ratanlal & Dheerajlal 23^rd Edition, Lexis Nexis.

5. Criminal Procedure Code, Dr. S. R. Myneni 4^th Edition 2016, ISBN-13: 978-8189530662.

6. Takwani Criminal Procedure, Fifth Edition, 2021 Lexis Nexis, ISBN: 9788131265260

Inherent powers of the High Courts

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

Section-482 of Cr. p.c. deals with Inherent powers of the Court. This section 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 were unable to render complete justice even if in a given case the illegality was palpable and apparent. The sections envisages three circumstances in which the inherent jurisdiction may be exercised, namely:

1. To give effect to an order under Cr. p.c.

2. To prevent abuse of the process of the court.

3. To secure the ends of justice.

The intention of the draftsman of the code and the legislature which passed it was to preserve the prestige and power of the High Court. This power of the High Court enhances the majesty of the justice. It guards against miscarriage of justice ensuring against the abuse of the process of all courts. The present code of 1973 verbatim reproduces section 561-A of the Cr. P.C 1898. The Code of 1973 uses the phrase 'Inherent powers '. The Code of 1973 uses the phrase inherent powers whether there is any distinction meant in 'Power', 'Powers ' is not stated. But it can be presumed that the word 'powers', signifies an empirical dimension of the concept. This power is rooted in the beginning of the administration of justice in India in the modern period. It is founded on the bedrock of the principles of common law and equity concept. This principle served as a lighthouse for those sailed along the High Seas of jurisprudence in the administration of justice.

The concept of inherent power is not specific to the High Court. The Power was there even before the High Court's birth and even before the development of the legal system. It is a part of the natural law in as much as it appealed to the sense of justice of all human minds. To the Indian mind, tutored under the ritualistic based pollution prone Hindu system of justice and the polity, exclusivist, absolutist and intolerant Islamic fundamentalistic system, the principles of justice, equity, and good conscience signalled the dawn of a new era. The principle gave a human face to the administration of justice. This principle is embodied in the catch phrase of inherent powers enshrined in Section 482 of the Code of Criminal Procedure, 1973.

Inherent powers in section 482 of Criminal Procedure Code are available to High Court only. But in practice it is comparatively available to all courts including subordinate courts as the power is exercised to "prevent abuse of the process of any court ". 'Any court ' includes subordinate courts, (Civil Courts or any authority having the jurisdiction of a court and also the Supreme Court). An identical provision is available to the civil Courts under Section 151 of the C.P.C. The inherent power under Section 151 C.P.C. Is directly available to all courts and is less controversial as the plethora of application in a civil litigation finds entry into the courts under Section 151 C.P.C. The inherent powers is the expression of a power of the court preserved over the past several phrases of progress of administration of justice. It was preserved by judges and courts. It was named inherent powers long after it came to be recognised as part and parcel of jurisprudence.

Judicial Approach on the Inherent Powers of the Courts

Sec.482 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. Under this section the inherent jurisdiction of the High court may be exercised in a proper case either to prevent the abuse of process of any court or to secure the ends of justice. Inherent powers of the High Courts should be exercised only in exceptional cases.[1]

In the following cases the inherent jurisdiction of the High Court could be exercised to quest the proceedings

Where there is a legal bar against the institution or continuance of the proceedings;[2]

Where the allegations in the first information or complaint do not constitute the offence alleged; and

Where either there is no legal evidence adduced in support of the charge or the evidence adduced clearly or manifestly failed to prove the charge.

It was held in Jandu Pharmaceutical Works Ltd Vs Md. Sharaf ul Haque,[3] that sec 482 does not confer 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. It envisages three circumstances under which the inherent jurisdiction may be exercised, namely,

1. To give effect to an order under the Code,
2. To prevent abuse of the process of Court; and
3. To otherwise secure the ends of justice. It is neither possible nor desirable to lay down any inflexible which would govern the exercise of inherent jurisdiction.

State of Punjab Vs Kasturi Lal,[4] is a case relating to interference with the order framing charge. It was held that the scope of inherent power of High Court under sec.482 of Cr. p. c regarding interference with the order framing charge is only limited and can be exercised only by way of exception, only to do real and substantial justice. The power under section 482 of the Code is in the nature of an exception and not the rule. This inherent jurisdiction may be exercised in three circumstances, namely (i) to give effect to an order under the Code; (ii) to prevent abuse of the process of Court; and (iii) to otherwise secure the ends of justice.

It was held in Union of India vs. Prakash P. Hinduja,[5] that the Court in exercise of its inherent power under Section 482 of Cr. P.C. would not interfere with the investigation or during the course of investigation which would mean from the time of the lodging of the F.I.R. till the submission of the report by the officer in charge of police station in court under section 173(2), Cr. P.C. This field is exclusively reserved for the investigating agency.

It was also made clear that the decision of the Supreme Court in Madhu Limaye v. State of Maharashtra[6] does not lay down any general proposition limiting power of quashing the criminal proceedings or FIR or complaint as vested in section 482, Cr. P.C. Or extraordinary power under Article 226 of the Constitution. Therefore, if for the purpose of securing the ends of justice quashing of FIR becomes necessary section 320 of Cr. P.C would not be a bar to the exercise of power of quashing. It is, however, a different matter depending upon the facts and circumstances of each case whether to exercise or not such power.

Inherent Powers  of The Supreme Court Under The Constitution
Article-142 as a Medium to Deliver Complete Justice

The Indian Judiciary and the constitution of India believe that every citizen of India must get “complete justice”. The Constitution of India under Article 142 grants the power to the Supreme Court for passing any decree to do “complete justice”.

But since the past few years, the said Article 142 has become a gigantic part of the Supreme Court which is invoked several times to decide the case and to do the “complete justice”. To better understand Article 142, firstly, we will have to read the definition which is given as under:

“142. Enforcement of decrees and orders of Supreme Court and unless as to discovery, etc.-

(1)   The Supreme Court in the exercise of its jurisdiction may pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it, and any decree so passed or orders so made shall be enforceable throughout the territory of India in such manner as may be prescribed by or under any law made by Parliament and, until provision in that behalf is so made, in such manner as the President may by order prescribe.

(2)    Subject to the provisions of any law made in this behalf by Parliament, the Supreme Court shall, as respects the whole of the territory of India, have all and every power to make any order for the purpose of securing the attendance of any person, the discovery or production of any documents, or the investigation or punishment of any contempt of itself.”

While going through the abovementioned definition, we understand that our constitution has given a very powerful sword to the Apex Court for complete justice in any case or matter. While going through the judgments that have been passed by the Apex Court under Article 142, we found that the Supreme Court believes that it is necessary to intervene in complex cases related to the environment, history and religion and the current laws were insufficient for the current scenario. Further, below is an analysis of a few landmark judgments to find out whether the Apex Court achieved the real meaning of Article 142 to do “Complete Justice” or not.The power of the High Court under Articles 226 and 227 has permeated the administration of criminal justice also. This is the meeting point of the inherent powers of the High Court under section 482 Cr. P.C. and the original jurisdiction of the High Court under Articles 226 and 227 of the Constitution. The commencement of the proceedings initiated in a criminal court can be interfered under Article 226 as well as under section 482 of Cr. P. C.

1. The Code of Criminal Procedure, Dr. N.V. Pranjape Central Law Agency, Allahabad. 2. Dr. S. N. Mishra, The Code Of Criminal Procedure, 22th Edition 2020, Central Law Agency, Allahabad. 3. General Principles of Criminal Law, Dr. K.N. Chandrashekharan Pillai Eastern Book Company. 4. The Code of Criminal Procedure, Ratanlal & Dheerajlal 23rd Edition, Lexis Nexis. 5. Criminal Procedure Code, Dr. S. R. Myneni 4th Edition 2016, ISBN-13: 978-8189530662. 6. Takwani Criminal Procedure, Fifth Edition, 2021 Lexis Nexis, ISBN: 9788131265260

1. Amar Chand Vs Shanti Bose, AIR 1973 SC 799; Naresh vs. State of Maharashtra AIR 1967 SC 1.
2. R.P. Kapur vs. State of Punjab, AIR 1960 SC 866.
3. 2005 Cri. L.J. 92 (S.C.).
4. 2004 Cri. L.J.3866 (SC).
5. 2003 Cri. L.J. 3117 (SC).
6. 1994 Cri. L. J. 41 (P&H).