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Detailed Overview on Section 482 of Crpc
Section 482 of the Code of Criminal Procedure (CrPC) is a provision that gives the High Court the power to exercise its inherent jurisdiction to make orders that are necessary to give effect to any order under the Code, to prevent abuse of the process of the court, and to otherwise secure the ends of justice. This article will provide a detailed explanation of Section 482 CrPC, including its scope, applicability, and key considerations.
Scope of Section 482 CrPC
Section 482 CrPC confers inherent powers on the High Court to pass orders that are necessary to:
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Give effect to any order made under the Code of Criminal Procedure or to prevent abuse of the process of any court or to secure the ends of justice.
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Ensure that criminal proceedings are conducted fairly and impartially.
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Protect the fundamental rights of an accused person.
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Prevent any undue harassment of an accused person.
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Quash criminal proceedings that are frivolous or vexatious.
Applicability of Section 482 CrPC
The inherent powers conferred by Section 482 CrPC apply to all criminal proceedings, including those under the Indian Penal Code (IPC), the Narcotic Drugs and Psychotropic Substances (NDPS) Act, the Prevention of Corruption Act (PCA), and other special enactments. The provision is also applicable to proceedings before any court, tribunal or authority that has the power to deal with criminal matters.
Key Considerations under Section 482 CrPC
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Prevention of abuse of process: One of the primary purposes of Section 482 CrPC is to prevent abuse of the process of the court. This power can be used to quash proceedings that are frivolous, vexatious, or oppressive.
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Jurisdictional error: The inherent powers of the High Court under Section 482 CrPC can be used to correct any jurisdictional error committed by a lower court.
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Compounding of offences: Section 482 CrPC can be used to compound offences in cases where the parties have come to a settlement and wish to put an end to the criminal proceedings.
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Quashing FIR: The inherent powers of the High Court can be used to quash an FIR if the allegations made in the FIR are found to be false or baseless.
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Restitution: The inherent powers of the High Court can be used to restore the position that existed before an erroneous order was passed by a lower court.
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Revisional powers: The inherent powers of the High Court under Section 482 CrPC are distinct from its revisional powers. Revisional powers are exercised to correct errors of law or fact, while inherent powers are exercised to secure the ends of justice.
Conclusion
Section 482 of the Code of Criminal Procedure is a provision that gives the High Court the power to exercise its inherent jurisdiction to make orders that are necessary to give effect to any order under the Code, to prevent abuse of the process of the court, and to otherwise secure the ends of justice. The provision applies to all criminal proceedings and can be used to quash proceedings that are frivolous, vexatious, or oppressive. The inherent powers of the High Court can also be used to correct any jurisdictional error committed by a lower court, compound offences, quash an FIR, restore the position that existed before an erroneous order was passed, and secure the fundamental rights of an accused person.
