Law in 100 Words | Part 5 | Court’s power to direct ‘no coercive steps’ against the Accused.

High Courts and the Supreme Court have the power to direct the police ‘not to take any coercive steps against the accused’.

Such power may be traceable to S.482 CrPC and/or Articles 32/226 of the Constitution of India.

Having said that, it is settled law that such a direction should not be passed casually and should be reserved only for the most deserving of cases and, in normal course, the accused should be relegated to her remedy of seeking anticipatory bail.

The power to grant ‘stay on coercive process’ should, therefore, be exercised only in those cases where, on the very face of it, it is clear that no case is made out, or there is a legal bar/prohibition to the investigation of the case. (In other words, cases where the Court, potentially, would be inclined to quash the FIR itself pursuant to Bhajan Lal principles)

Sources/Further reading:

  1. Section 482 CrPC.
  2. Articles 32/226 of the Constitution.
  3. M/s Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra, 2021 SCC online SC 315

Leave a Reply

Fill in your details below or click an icon to log in: Logo

You are commenting using your account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

Comments (




    Respected Sir,today’s 💯 words Explainer explains the very important issue and I did learn about much debated Section 482.
    Sir,this Series is Very VERY HELPFUL to we laymen.
    Kind Regards/SR


  2. Vinod Pandey

    Succinct and precise. Easy to remember. Very useful.


%d bloggers like this: