The High Court may exercise its inherent power under Section 482 on which of following grounds ?

in rarest of rate case
in ex debito justice
to prevent abuse of process of any court
All of these

The correct answer is (d).

The High Court may exercise its inherent power under Section 482 of the Code of Criminal Procedure, 1973 on the following grounds:

  • To prevent abuse of the process of any court.
  • To secure the ends of justice.
  • To prevent the miscarriage of justice.
  • To quash proceedings which are without jurisdiction or are in excess of jurisdiction.
  • To quash proceedings which are barred by limitation.
  • To quash proceedings which are frivolous or vexatious.
  • To quash proceedings which are oppressive or unjust.
  • To quash proceedings which are based on a mistake of fact or law.
  • To quash proceedings which are in violation of the principles of natural justice.

The High Court may also exercise its inherent power to grant relief in cases where there is no specific provision in the Code of Criminal Procedure or any other law.

The High Court’s inherent power is a discretionary power and it is not bound to exercise it in every case. The High Court will exercise its inherent power only when it is necessary to do so in order to prevent an abuse of the process of the court or to secure the ends of justice.

The High Court’s inherent power is a very wide power and it can be exercised in a variety of cases. However, the High Court will not exercise its inherent power if there is a specific provision in the Code of Criminal Procedure or any other law that can be used to grant relief to the accused.

The High Court’s inherent power is a valuable tool that can be used to protect the rights of the accused and to ensure that the criminal justice system is fair and just.