CrPC Section 445

06 Jun 2025 --
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🔹 Section 445 CrPC – Power to Restrain Abuses of the Process of Court

🔸 Text of Section 445 CrPC:

Section 445(1):
If it appears to a Magistrate that any person is using the criminal court or any process thereof for the purpose of annoying or embarrassing any person, the Magistrate may, after giving the person an opportunity to be heard, make an order to prohibit the continuance of such abuse.

Section 445(2):
The Magistrate may, in such order, impose any conditions which the Magistrate thinks fit to prevent such abuse of the process of the court.

🔹 Explanation:

1. Purpose of Section 445:

To prevent misuse or abuse of the criminal justice process.

Protect individuals from harassment or embarrassment caused by frivolous or vexatious use of the court procedures.

Ensure that the court’s process is not used as a weapon for personal vendetta or harassment.

2. When Does It Apply?

When a person is using a criminal court or its process with the mala fide intention of:

Annoying,

Embarrassing,

Or harassing another person.

Example:
Filing frivolous complaints or cases repeatedly against someone with the sole purpose of troubling them.

3. Power of the Magistrate:

The Magistrate has the authority to:

Hear the person accused of abusing the process (principle of natural justice).

Issue an order to stop such abuse.

Impose conditions or restrictions to prevent further misuse of the court process.

4. Conditions Imposed May Include:

Directing that no further complaints/cases shall be entertained against the same party on the same grounds.

Requiring the complainant to obtain prior permission of the court before filing another complaint.

Any other measures to prevent harassment through legal process.

5. Significance of Section 445:

Balances the right to access justice with the need to protect individuals from harassment.

Helps to keep the judicial process free from frivolous or vexatious litigation.

Supports judicial economy by discouraging unnecessary use of courts.

🔹 Summary:

Section 445 empowers a Magistrate to stop misuse of criminal court processes when they are used to annoy or embarrass someone.

The Magistrate can issue orders and impose conditions after hearing the person responsible.

It protects individuals from harassment through repeated or frivolous legal actions.