BNSSSection 528Verified

Saving of Inherent Powers of High Court — CrPC Section 482 Equivalent

High Court inherent powers preserved — quash FIR, prevent abuse of process, secure ends of justice

Legal Commentary

Section 528: 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.

Explanation

BNSS Section 528 is word-for-word identical in purpose and scope to CrPC Section 482 — the High Court's inherent jurisdiction is fully preserved in the new code. All the jurisprudence developed under Section 482 — the Bhajan Lal seven categories, the B.S. Joshi settlement quashing principles, the Gian Singh non-compoundable offence quashing principles, the Neeharika Infrastructure limits on staying investigations — continues to apply under BNSS Section 528. The only practical difference is the section number and the reference to 'this Sanhita' instead of 'this Code'. Lawyers will simply substitute '528' for '482' in their petitions, but the substantive law is unchanged.

Related Topics

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Historical Context

Original Act
Bharatiya Nagarik Suraksha Sanhita
Category
BNSS
← All Bharatiya Nagarik Suraksha Sanhita Sections