Showing posts from December, 2021
  Authored By: Advocate V R Tripathi, LL.B., LL.M. 482 Cr.P.C. 482. Saving of inherent powers of High Court —Nothing in this Code shall be deemed to limit or affect the inherent powers of the High Court to make such orders as may be necessary to give effect to any order under this Code, or to prevent abuse of the process of any Court or otherwise to secure the ends of justice. The lines of the Section 482 Cr.P.C. starting with Non-Obstante Clause 1 . According to Wharton’s Legal Dictionary the Non-Obstante Clause means ‘Notwithstanding’ 2 . The Non-Obstante Clause is having overriding effect. The Non-Obstante Clause generally starts with ‘Notwithstanding anything contained in this section’. In the context of ongoing discussion, it means that no section under the Criminal Procedure Code, 1973 can affect the ongoing provisions. The Section 482 Cr.P.C. will prevail over other sections of the Code.   According to Oxford English Dictionary the term inherent means ‘basic or permanent