Скачать или смотреть झूठी FIR को जड़ से ख़त्म करने का तरीक़ा बता रहे हैं Senior Advocate Sunil Fernandes | 482 CrPC |

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The High Courts and the Supreme Court of India are Constitutional Courts, and an individual could approach them if any of his rights are violated. The inherent powers under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as “The Code” or “CrPC”) are vested only with the High Courts, this is because in criminal matters there are so many chances of miscarriage of justice and to prevent this and give remedies to the aggrieved parties the inherent powers are given to a more superior and experienced Court like the High Court. Section 482 of the Code is one of those remedies that the High Court provides to the aggrieved parties that come before it. There are various types of powers like statutory power and inherent power. The difference between the inherent powers and the statutory power is that the inherent powers are not granted by any statute or legislation but exist by virtue of mere existence. The inherent powers are the powers which are existing from the beginning, and they are essential and permanent.

If an agency or a thing is said to possess inherent powers, then it means that such inherent powers are deeply rooted in the existence of such an agency or such a thing. Inherent powers are neither given nor granted; they just exist from the beginning. When the Court deals with any non-liquet situations of the Code during the proceeding, the inherent powers are useful at that time. The Code is exhaustive due to these inherent powers because if the Code fails to provide for any specific circumstance then the High Court can fill that gap through inherent powers. For Example: If the High Court has the inherent powers as mentioned in Section 482 of the Code of Criminal Procedure, 1973, it means that the High Court has its inherent powers due to its mere existence and not that such inherent powers are granted by the parliament through legislations or by any other means.

Supreme Court Senior Advocate Sunil Fernandes
Advocate on Record Sunil Fernandes
Bombay High Court Top Lawyer Sunil Fernandes
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