Why Do High Courts Need Inherent Powers?
Every legal system faces situations where strict application of procedural law may result in injustice. To address such exceptional circumstances, High Courts possess inherent powers. These powers ensure that courts can act beyond rigid procedure to uphold justice.
Under the old framework, Section 482 of the Criminal Procedure Code, 1973 (CrPC) recognized these inherent powers. With the enactment of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), the corresponding provision is now Section 528 BNSS.
While the power itself remains unchanged, BNSS clarifies its role within the modern criminal justice system.
What Are Inherent Powers of the High Court?
Inherent powers are residual judicial powers that exist independent of statutory provisions. They allow High Courts to intervene where no specific remedy is available under the law.
These powers are not arbitrary. Courts exercise them to prevent abuse of process, secure the ends of justice, and ensure fairness.
Thus, inherent powers act as a safety valve in criminal procedure.
What Did Section 482 CrPC Provide?
Section 482 CrPC explicitly saved the inherent powers of the High Court. It allowed the court to make orders to:
- give effect to any order under CrPC,
- prevent abuse of the process of any court, or
- otherwise secure the ends of justice.
Courts frequently used this provision to quash FIRs, criminal proceedings, or illegal prosecutions.
How Did Courts Interpret Section 482 CrPC?
Judicial interpretation consistently held that Section 482 CrPC should be used sparingly. Courts emphasized that inherent powers cannot override express statutory provisions.
However, when continuation of proceedings amounted to harassment or injustice, courts intervened.
As a result, Section 482 CrPC became a powerful yet carefully controlled remedy.
Why Was Section 528 BNSS Introduced?
BNSS aims to modernize criminal procedure without weakening judicial safeguards. Lawmakers retained the concept of inherent powers to preserve judicial flexibility.
Section 528 BNSS was introduced to reaffirm the High Court’s authority while aligning it with reform-oriented criminal justice principles.
It reflects continuity rather than change.
What Does Section 528 BNSS Provide?
Section 528 BNSS preserves the inherent powers of the High Court. The provision enables courts to pass necessary orders to prevent abuse of process and ensure justice.
The language closely mirrors Section 482 CrPC. However, BNSS places this power within a framework that encourages disciplined and transparent exercise.
Thus, inherent powers remain a vital judicial tool.
Is There Any Difference Between Section 482 CrPC and Section 528 BNSS?
Substantively, both provisions are identical. The difference lies in legislative context rather than content.
Section 528 BNSS operates within a procedural code designed to reduce delays and improve accountability. Therefore, courts are expected to exercise inherent powers with heightened responsibility.
No dilution or expansion of power is intended.
Can High Courts Quash FIRs Under Section 528 BNSS?
Yes. High Courts continue to possess the power to quash FIRs or criminal proceedings where continuation would amount to injustice.
However, courts must still follow settled principles, such as not conducting a mini-trial.
Therefore, the power remains exceptional.
Does Section 528 BNSS Affect Alternative Remedies?
Inherent powers do not replace statutory remedies. Courts generally require parties to exhaust available remedies before invoking Section 528 BNSS.
However, in cases of clear abuse or grave injustice, High Courts may intervene directly.
This balance prevents misuse of inherent jurisdiction.
Why Are Inherent Powers Crucial for Criminal Justice Reform?
Procedural law cannot foresee every situation. Inherent powers fill these gaps.
Section 528 BNSS ensures that justice does not fail due to technicalities. At the same time, it preserves judicial restraint.
Thus, inherent powers remain a cornerstone of judicial fairness.
Conclusion
Section 482 CrPC recognized the inherent powers of the High Court as a safeguard against injustice. Section 528 BNSS continues this recognition without altering the scope of the power. While the procedural framework has evolved, the role of inherent powers remains constant. Under BNSS, High Courts continue to act as guardians of justice, intervening only when necessary to prevent abuse of process and secure fairness.
