The powers under section 482 are frequently used to thwart the statutory scheme and purpose of the code of criminal procedure: Can these powers be curtailed, and if so, should they be?

Banerjee, Aditya (2020) The powers under section 482 are frequently used to thwart the statutory scheme and purpose of the code of criminal procedure: Can these powers be curtailed, and if so, should they be? Supremo Amicus, 21. pp. 757-762. ISSN 2456-9704

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Abstract

The Predominant role of Criminal Law in our society cannot be undermined in the wake of the crucial role which the field of law is empowered with. Procedural Law has a significant role, in light of the adversarial system of justice. Section 482, which provides for Inherent Powers of High Courts is an essential component of Criminal Procedure Code, 1973. The ambit of the said section is very wide, in proportion to the nature of powers contained therein. This paper seeks to analyse the trend of judicial decisions pertaining to the scope and use of Section 482. Although, there are instances whereby the powers under section 482 are used to thwart the greater object and purpose of the Code, but in most of such cases, the fallacious applications/interpretation of Section 482 by the High Courts are reconciliated by the Hon'ble Apex Court. Further, the paper delves into the scope of curtailment of Powers under section 482 and explores such
possibility.

Item Type: Article
Keywords: Criminal Law | Procedural Law
Subjects: Social Sciences and humanities > Social Sciences > Law and Legal Studies
JGU School/Centre: Jindal Global Law School
Depositing User: Mr. Syed Anas
Date Deposited: 30 Mar 2022 07:06
Last Modified: 30 Mar 2022 07:06
Official URL: https://heinonline.org/hol-cgi-bin/get_pdf.cgi?han...
URI: https://pure.jgu.edu.in/id/eprint/1979

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