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 this Code, or to prevent abuse of the process of any Court or otherwise to secure the ends of justice.
Code of Criminal Procedure, 1973
Section 482
Saving of inherent power of High Court
Englishहिंदी
🔄 CrPC equivalent: BNS Sec. 528⚖️ Bail Procedure Guide🔨 Punishment & Liability Guide🔍 Compare Old vs New
⚡ Quick Answer Reference: Section 482 CrPC
- Provision: Section 482 of CrPC
- Act: Code of Criminal Procedure, 1973
- Classification: criminal procedure
- Jurisdiction: India
- Summary: This section ensures the High Court's inherent powers remain unaffected by the Code of Criminal Procedure, allowing it to make necessary orders to secure justice or prevent court process abuse.
Statutory Content
What does Section 482 of CrPC say?
Indian StandardSection 482, Code of Criminal Procedure, 1973
Bluebook (21st ed.)Code of Criminal Procedure, 1973, § 482 (India)
Court Pleading StandardSection 482 of the Code of Criminal Procedure, 1973
Canonical Web linkhttps://nyaya.cloud/acts/code-of-criminal-procedure-1973/482
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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗
✓ VERIFIED FOR LEGAL ACCURACYReviewed & certified by Advocate Priya Menon (Bar Council ID: MAH/4521/2018).
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Section Meaning & Purpose
What does Section 482 of CrPC mean?
Plain English Explanation
This section ensures the High Court's inherent powers remain unaffected by the Code of Criminal Procedure, allowing it to make necessary orders to secure justice or prevent court process abuse.
Practical Interpretation
In practice, this section enables High Courts to intervene and make orders as necessary to prevent the misuse of legal processes or to achieve just outcomes, even if such powers are not explicitly outlined in the Code.
Core Legal Purpose
The core purpose is to preserve the High Court's ability to act in the interest of justice, ensuring that the Code's provisions do not limit its capacity to make orders necessary for securing justice or preventing abuse of court processes.
Key Legal Elements
- •The existence of the Code of Criminal Procedure, 1973.
- •The High Court's inherent powers to make orders.
- •The necessity to secure the ends of justice or prevent abuse of process.
- •The absence of explicit limitations within the Code on the High Court's inherent powers.
Practical Example
Practical Example of Section 482 CrPC
For instance, if Rajesh files a frivolous lawsuit against Priya with the intent to harass, the High Court, under Section 482, can intervene and dismiss the lawsuit to prevent abuse of the legal process and secure the ends of justice.
Common Questions (FAQ)
Frequently Asked Questions about Section 482 CrPC
Q: What is the punishment or consequence under Section 482 of CrPC?
This section is a procedural provision and does not prescribe a penal punishment. It deals with the High Court's power to make orders to secure justice or prevent abuse of process.
Q: Does this section apply to private individuals or public entities?
This section applies to the High Court's powers in relation to any court process, which can involve both private individuals and public entities, but it specifically pertains to the court's inherent powers.
Q: Is an offence under this section bailable or cognizable?
This section does not deal with offences in the context of bailable or cognizable crimes. It is about the High Court's inherent powers to make necessary orders.
People Also Ask (PAA)
Common Questions about Section 482 CrPC
What is Section 482 of CrPC?
Section 482 of the Code of Criminal Procedure, 1973 (CrPC) defines and regulates "Saving of inherent power of High Court". In plain terms: This section ensures the High Court's inherent powers remain unaffected by the Code of Criminal Procedure, allowing it to make necessary orders to secure justice or prevent court process abuse.
What is the punishment under Section 482 of CrPC?
Section 482 of CrPC does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 482 of CrPC bailable or non-bailable?
Whether Section 482 of CrPC is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 482 of CrPC?
The essential elements of Section 482 of CrPC are: The existence of the Code of Criminal Procedure, 1973.; The High Court's inherent powers to make orders.; The necessity to secure the ends of justice or prevent abuse of process..
What replaced Section 482 of IPC in BNS?
Section 482 of the Indian Penal Code (IPC) was replaced by Section 528 of the Bharatiya Nyaya Sanhita (BNS) 2023. Inherent powers of HC: Identical. Most important provision retained.
Law Transition Mapping
Replaced by New Law
This SectionSection 482Code of Criminal Procedure (CrPC)
→New LawSection 528Bharatiya Nagarik Suraksha Sanhita (BNSS)
⚠️ Material Change: Inherent powers of HC: Identical. Most important provision retained.
View New Law Equivalent →Compare Side-by-Side →Landmark Case Laws
Landmark Judgments under Section 482 CrPC
Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
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