Saying of inherent powers of High Court, Duty of High Court
to exercise continuous superintendence over Courts of
Judicial Magistrates and Repeal and savings are defined
under Section 482, 483 and 484 of CRPC 1973.
Provisions under these sections are:
Section 482 of CRPC "Saying of inherent powers of High
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.
Section 483 of CRPC "Duty of High Court to exercise
continuous superintendence over Courts of Judicial
Every High Court shall so exercise its
superintendence over the Courts of Judicial Magistrates
subordinate to it as to ensure that there is an expeditious
and proper disposal of cases by such Magistrates.
Section 484 of CRPC "Repeal and savings"
(1) The Code
of Criminal Procedure, 1898 (5 of 1898), is hereby repealed.
(2) Notwithstanding such repeal-
(a) if, immediately before the date on which this Code comes
into force, there is any appeal, application trial, inquiry
or investigation pending then, such appeal, application,
trial, inquiry or investigation shall be disposed of,
continued, held or made, the case may be, in accordance with
the provisions of the Code of Criminal Procedure, 1898 (5 of
1898), as in force immediately before such commencement
(hereinafter referred to as the old Code), as if this Code
had not come into force: Provided that every inquiry under
Chapter XVIII of the old Code, which is pending at the
commencement of this Code, shall be dealt with and disposed
of in accordance with the provisions of this Code;
(b) all notifications published, proclamations issued,
powers conferred, forms prescribed, local jurisdictions
defined, sentences passed and order rules and appointments,
not being appointments as Special Magistrates, made under
the old Code are which are in force immediately before the
commencement of this Code, shall be deemed respectively, to
have been published, issued, conferred, prescribed, defined,
passed or made under the corresponding provisions of the
(c) any sanction accorded or consent given under the old
Code in pursuance of which no proceeds was commenced under
that Code, shall be deemed to have been accorded or given
under the corresponding provisions of this Code and
proceedings may be commenced under this Code in pursuance of
such sanction of consent;
(d) the provisions of the old Code shall continue to apply
in relation to every prosecution against a Ruler within the
meaning of Article 363 of the Constitution.
(3) Where the period prescribed for an application or other
proceeding under the Old Code had expired on or before the
commencement of this Code, nothing in this Code shall be
construed as enabling any such application to be made or
proceeding to be commenced under this Code by reason only of
the fact that a longer period therefore is prescribed by
this Code or provisions are made in this Code for the
extension of time.
Uttar Pradesh :- (1) In sub-section (2), after clause (d),
the following clause shall he inserted.
"(e) the provisions of the United Provinces Borstal Act,
1938 (U.P. Act 7 of (1938), the United Provinces First
Offenders Probation Act 1938 (U.P. Act 6 of 1938) and the
Uttar Pradesh Children Act, 1951, (U.P. Act 1 of 1951) shall
continue in force in the State of Uttar Pradesh until
altered or repealed or amended by the competent Legislature
or other competent authority, and accordingly, the
provisions of Section 360 of this Code shall not apply to
that State, and the provisions of Section 361 shall apply
with the substitution of references to the Central Acts
named therein by references to the corresponding Acts in
force in that State." U.P. Act 16 of 1976, w.e.f. 1-5-1976.
(2) In sub-section (2), clause (a), the following second
proviso shall be inserted:-
"Provided further that the provisions of Section 326 of this
Code as amended by the Code of Criminal Procedure (U.P.
Amendment Act) Act, 1976 shall also apply to every trial
pending in a Court of Sessions at the commencement of this
Code and also pending at the commencement of the Code of
Criminal Procedure (U.P. Amendment) Act, 1983." U.P. Act 1
of 1984, w.e.f. 1-5-1984.
or offence, although he is not charged with it.
(3) When a person is charged with an offence, he may, be
convicted of an attempt to commit such offence although the
attempt is not separately charged.
(4) Nothing in this section shall be deemed to authorise a
conviction of any minor offence where the conditions
requisite for the initiation of proceedings in respect of
that minor offence have not been satisfied.