inherent powers
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
- Section 151, Code of Civil Procedure, 1908
- Section 528, Bharatiya Nagarik Suraksha Sanhita, 2023 (old s.482 CrPC)
- State of Haryana v. Bhajan Lal, 1990 INSC 363
See also
quash · first information report · jurisdiction · in camera
Read more in the study notes
- Reference, review and revision; caveat, restitution and the inherent powers of the court (Civil Procedure Code and Limitation Act)
- Penal provisions for dishonour of cheques (ss.138-148) and the Bankers' Books Evidence Act, 1891 (Banking Law)
- Compounding of offences and plea bargaining (Bharatiya Nagarik Suraksha Sanhita)
- Judgment: pronouncement, contents and orders after conviction (Bharatiya Nagarik Suraksha Sanhita)
- Res sub judice: stay of suit (section 10) (Civil Procedure Code and Limitation Act)
- Appearance and non-appearance of parties, ex parte decrees and the hearing of the suit (Civil Procedure Code and Limitation Act)