Section 528 BNSS: Saving of Inherent Powers of High Court
Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 preserves the inherent powers of every High Court to pass orders necessary to give effect to an order under the BNSS, prevent abuse of the process of any Court, or otherwise secure the ends of justice. The provision is the successor to Section 482 of the Code of Criminal Procedure, 1973.
Text of Section 528 BNSS
528. Saving of inherent powers of High Court.
Nothing in this Sanhita 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 Sanhita, or to prevent abuse of the process of any Court or otherwise to secure the ends of justice.
What Section 528 BNSS means
Section 528 does not create an ordinary appellate or revisional remedy. It preserves the High Court's inherent jurisdiction so that the Court can intervene where intervention is necessary for the administration of criminal justice. The power is exceptional and is ordinarily exercised with caution because criminal investigation and trial are governed by the specific procedures laid down in the BNSS.
The statutory provision identifies three broad purposes for which the inherent power may be exercised:
- To give effect to an order under the BNSS: the High Court may pass an appropriate order where this is necessary to make an order under the Sanhita effective.
- To prevent abuse of the process of any Court: the High Court may intervene where criminal proceedings are being used in a manner that is oppressive, legally unsustainable or contrary to the proper administration of justice.
- To secure the ends of justice: the Court retains power to make an order required to avoid injustice where the circumstances justify exercise of inherent jurisdiction.
Section 528 BNSS and quashing of FIR or criminal proceedings
A petition under Section 528 may seek quashing of an FIR, complaint, charge-sheet or criminal proceeding, depending on the facts and the stage of the case. Quashing is not automatic merely because the accused disputes the allegations. At the quashing stage, the High Court generally examines whether the allegations and the material relied upon disclose the ingredients of an offence and whether continuation of the proceeding would amount to misuse of the criminal process.
The Supreme Court has continued to apply the established principles governing inherent jurisdiction while dealing with Section 528 BNSS. The jurisdiction is not intended to conduct a full trial on disputed facts, but it remains available where the legal requirements for criminal prosecution are not satisfied or where continuation of the proceeding would itself amount to an abuse of process.
Relationship with former Section 482 CrPC
| Current law | Earlier law | Subject |
|---|---|---|
| Section 528, BNSS, 2023 | Section 482, CrPC, 1973 | Saving of inherent powers of High Court |
Section 528 substantially carries forward the language of Section 482 CrPC. Accordingly, Supreme Court decisions interpreting the nature, purpose and limits of the High Court's inherent criminal jurisdiction remain important when Section 528 is applied, subject to the provisions of the BNSS and the facts of each case.
When did Section 528 BNSS come into force?
The Bharatiya Nagarik Suraksha Sanhita, 2023 is Act 46 of 2023. The Central Government appointed 1 July 2024 as the date on which the BNSS came into force, subject to the exception stated in the commencement notification concerning the First Schedule entry relating to Section 106(2) of the Bharatiya Nyaya Sanhita, 2023.
Pending proceedings and the repeal of CrPC
Section 531 of the BNSS repeals the Code of Criminal Procedure, 1973 but also contains savings provisions. In particular, appeals, applications, trials, inquiries or investigations pending immediately before commencement of the BNSS are to continue in accordance with the CrPC in the circumstances specified by Section 531. Therefore, whether a matter is governed by Section 528 BNSS or former Section 482 CrPC can depend on the date and procedural status of the proceeding.
Important practical point
Section 528 is a saving provision for inherent jurisdiction, not a substitute for every statutory remedy. A petition should clearly identify the abuse of process, legal defect or injustice said to require exercise of the High Court's inherent power and should also address any specific remedy available under the BNSS.
Official legal resources
- India Code - Bharatiya Nagarik Suraksha Sanhita, 2023
- Ministry of Home Affairs - Criminal laws and official Acts
- Ministry of Home Affairs - Notification bringing BNSS into force from 1 July 2024
- Supreme Court of India
Section 528 BNSS at a glance
Section 528 preserves the inherent powers of the High Court. Its central purposes are to give effect to orders under the BNSS, prevent abuse of Court process and secure the ends of justice. It corresponds to former Section 482 CrPC and is frequently invoked in petitions seeking quashing of criminal proceedings where the legal requirements for prosecution are alleged to be absent or the continuation of proceedings is alleged to be an abuse of process.
This page provides general legal information and the statutory text. Application of Section 528 depends on the facts, procedural history, applicable savings provisions and binding judicial precedents in the particular case.