Inherent Powers In Criminal Law

The questions related to the scope, extent and limitation of the power are naturally raised .The inherent powers are not available to the subordinate courts for the obvious reason that there will be pandemonium in the criminal justice system'. The Inherent powers are available only to the High Court for reasons historical, jurisprudential and practical. Still it is important for The High Courts have to labour hard to wield the inherent powers without being erratic, slipshod or arbitrary.

No Statute to Control Abuse of Powers
The powers conferred on the High Court are wide. There is no statutory mechanism whatsoever to check that powers conferred under this section is not abused or misuded. The judges exercise complete discretion in dealing

However, the High Court must exercise such power sparingly and cautiously. When the High Court notices that there has been a failure of justice or misuse of judicial mechanism or procedure, sentence or order is not correct, it is but the salutary duty of the High Court to prevent the abuse of the process or miscarriage of justice."

Limits of Inherent Powers

The powers under section 482 Cr.P.C. are recognised as forming the ground on which the judicial review of criminal matters rest. Inherent powers are multifaceted as it involves power to punish for contempt of court, power to do complete and substantial justice, and power to keep the stream of justice pure and clean.
It was held in Supreme Court Bar Association v. Union of India that the Supreme Court has made a long and strong exposition of inherent powers both of the High Court and the Supreme Court. The problem is in drawing a boundary for the Supreme Court and High Court to keep the exercise of this power within the limits of legality and constitutionality.

Similar powers are conferred to the Supreme Court of India. While reversing the decision of the Supreme Court in Re V. C. Mishra the Supreme Court cautioned itself.
"It must be remembered that wider the amplitude of its power under Article 142 the greater the need of care for this Court to see that the power is used with

In order to give effect to an order passed under the code
2. To prevent abuse of process of court
3. To secure ends of justice. and if none of these objects can be served by the impugned order of the High Court, then Inherent powers cannot be exercised.

There is no inherent power in the High Court under this section to alter or review its own judgement once it has been pronounced except in the cases where it was passed without jurisdiction or in default of appearance i.e without affording an opportunity to the accused to appear.
It was discussed by the Supreme Court that The High Court cannot exercise its powers under section 482 if prima facie offences have been made out on the basis of the allegations made in the complaint without going into the truth or otherwise of those allegations. In another case it was held that where FIR disclosed Prima Facie cognizable offences and allegations of mala fide was not supported by evidence, it was held that other material need not be to looked into, and the FIR and investigation could not be quashed under Section 482 . In light of this, in other case where a Private Limited Company did not contribute towards the Employee provident Fund, the high Court refused to quash the complaint as it prima facie revealed the commission of an