Section 482 Cr.P.C. confers inherent powers upon the High Courts and the Supreme Court only on the Criminal side and such power exists for Magistrates or even Session Judges.

Section 151 C.P.C. confers inherent powers in every Civil Court. In respect of the exercise of the inherent powers, the settled legal position is that inherent powers can be exercised only when there is no provision either prohibiting or permitting a particular jurisdiction upon Court.

For instance, as chapter IX of Cr.P.C. containing Ss. 125-128 deal with the grant of maintenance to destitute from the persons upon whom they are defendant, a Criminal Court cannot invoke Section 482 Cr.P.C. for granting maintenance to an applicant.

Whereas Order 9 C.P.C. provides the mode of setting aside ex parte order, ex parte decree and default order, Section 151 C.P.C. cannot be invoked to set aside a default order.


Similarly, the Supreme Court pointed out in Sooraj’s case [1981 Cri.L.J. 296] that Section 482 Cr.P.C. cannot be invoked to exercise the powers specially prohibited by Section 362 Cr.P.C.