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inherent powers

English · Courts and procedure

Meaning. A court's residual power to make orders needed for the ends of justice or to prevent abuse of its process.

No code can foresee every situation, so the law saves the court's inherent power to act where the statute is silent. Section 151 CPC preserves the power of civil courts to make such orders as may be necessary for the ends of justice or to prevent abuse of the process of the court. Section 528 BNSS (old s.482 CrPC) saves the inherent power of the High Court to give effect to orders under the Sanhita, prevent abuse of process, or otherwise secure the ends of justice; it belongs to the High Court only.

Inherent power cannot be used against an express provision or to do what the law prohibits. Its most frequent criminal use is quashing an FIR or proceedings. In State of Haryana v. Bhajan Lal (1990) the Supreme Court listed categories where quashing is proper, such as where the allegations, taken at face value, disclose no offence, while warning that the power must be used sparingly.

Example

Since the FIR on its face disclosed only a civil dispute, the accused moved the High Court under s.528 BNSS invoking its inherent powers to quash it.

In Indian law

See also

quash · first information report · jurisdiction · in camera

Read more in the study notes

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