Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 preserves the inherent powers of the High Court. It allows the High Court to make orders necessary to give effect to an order under BNSS, prevent abuse of the process of any Court, or otherwise secure the ends of justice.
Statutory Provision
Section 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.
Meaning of Section 528
Section 528 recognises that the High Court possesses inherent powers to ensure that criminal proceedings are conducted fairly and that the process of the Court is not misused.
These powers are not created by Section 528. The provision preserves the High Court’s existing inherent jurisdiction and clarifies that BNSS does not take it away.
The power is exercised to achieve the ends of justice, but it cannot be used to disregard an express statutory prohibition.
Object and Purpose
The provision seeks to:
- Prevent abuse of the process of any Court.
- Give effect to orders passed under BNSS.
- Secure the ends of justice.
- Preserve the High Court’s inherent jurisdiction.
- Prevent injustice caused by misuse of criminal proceedings.
Nature of Inherent Powers
Inherent powers are powers that exist in the High Court by virtue of its judicial authority, even where a particular situation is not expressly covered by a statutory provision.
Section 528 preserves these powers for appropriate cases. It does not provide an unlimited or unrestricted power to interfere with criminal proceedings.
The power must be exercised judicially and for the purposes recognised by the section.
Essential Elements
1. Power to Give Effect to Orders Under BNSS
The High Court may make orders necessary to give effect to any order under BNSS.
This enables the Court to ensure that its orders and the orders passed under the Sanhita are properly implemented.
2. Power to Prevent Abuse of Process
The High Court may exercise its inherent powers to prevent abuse of the process of any Court.
Abuse of process refers to the misuse of judicial proceedings for an improper purpose or in a manner that causes injustice.
3. Power to Secure the Ends of Justice
The High Court may make orders necessary to secure the ends of justice.
This is a broad but controlled power, intended to prevent injustice where the ordinary procedural framework may not provide an adequate remedy.
4. Preservation of High Court Powers
Section 528 states that nothing in BNSS shall be deemed to limit or affect the inherent powers of the High Court.
The provision therefore preserves the jurisdiction rather than creating a new statutory power.
Scope of Section 528
Section 528 applies to the inherent powers of the High Court in criminal proceedings under BNSS.
The provision may be relevant where:
- An order under BNSS requires enforcement or clarification.
- Criminal proceedings amount to an abuse of the process of the Court.
- An order is necessary to secure the ends of justice.
- The High Court is required to exercise its inherent jurisdiction in an appropriate case.
Limitations on Inherent Powers
The inherent powers of the High Court are not unlimited.
The High Court must exercise them:
- Judicially and with caution.
- For the purposes recognised by Section 528.
- To prevent injustice or abuse of process.
- Without defeating an express statutory prohibition.
- Without substituting inherent powers for the ordinary statutory remedies where those remedies are adequate.
The power is exceptional and should not be exercised merely because a party is dissatisfied with an order.
Important Distinction
Inherent Powers and Statutory Powers
Statutory powers are powers expressly conferred by legislation.
Inherent powers are powers preserved by the Court’s judicial authority and recognised by Section 528.
The High Court may exercise inherent powers where necessary to give effect to orders, prevent abuse of process or secure the ends of justice. However, inherent powers cannot be used to override an express statutory prohibition.
BNSS and CrPC
Section 528 of BNSS corresponds to Section 482 of the Code of Criminal Procedure, 1973.
The provision has been substantially retained under BNSS. Its central purpose remains the preservation of the High Court’s inherent powers to:
- Give effect to orders under the criminal procedure law.
- Prevent abuse of the process of any Court.
- Secure the ends of justice.
The section continues to operate as a safeguard against misuse of criminal proceedings and does not create an unlimited power to interfere with statutory procedure.
Constitutional Connection
Section 528 supports the constitutional principle of fair procedure under Article 21 of the Constitution of India.
The High Court’s inherent jurisdiction may be exercised to prevent injustice and ensure that criminal proceedings are not used in a manner inconsistent with the requirements of fairness.
Case Law
State of Haryana v. Bhajan Lal
The Supreme Court explained that the High Court’s inherent powers may be exercised to prevent abuse of the process of the Court and to secure the ends of justice.
The Court identified illustrative categories of cases in which criminal proceedings may be quashed under the inherent jurisdiction. These categories are not exhaustive.
The decision was delivered under Section 482 of the CrPC and remains relevant to the substantially similar Section 528 of BNSS.
R.P. Kapur v. State of Punjab
The Supreme Court recognised the inherent power of the High Court to prevent abuse of the process of the Court and to secure the ends of justice.
The decision remains relevant to the principles governing the exercise of inherent powers under Section 528 of BNSS.
Common Confusions
Does Section 528 create new inherent powers?
No. The provision preserves the inherent powers of the High Court.
Can the High Court use Section 528 to override an express statutory prohibition?
No. Inherent powers cannot be used to defeat an express statutory prohibition.
Can the High Court exercise inherent powers whenever a party is dissatisfied with an order?
No. The power is exceptional and must be exercised judicially for the purposes recognised by the section.
Is the power limited to preventing abuse of process?
No. Section 528 also permits orders necessary to give effect to orders under BNSS and to secure the ends of justice.
Important BNSS Provisions
- Section 528 — Saving of inherent powers of High Court.
- Section 529 — Continuous superintendence over Courts of Judicial Magistrates.
- Section 530 — Trial and proceedings to be held in electronic mode.
- Section 531 — Repeal and savings.
Quick Revision
- Section 528 preserves the inherent powers of the High Court.
- The power may be exercised to give effect to orders under BNSS.
- It may be used to prevent abuse of the process of any Court.
- It may be used to secure the ends of justice.
- The provision does not create an unlimited power to interfere with criminal proceedings.
- Inherent powers cannot be used to override an express statutory prohibition.
- Section 528 corresponds to Section 482 of the CrPC.
- The principle remains relevant to cases such as State of Haryana v. Bhajan Lal and R.P. Kapur v. State of Punjab.
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Conclusion
Section 528 of BNSS preserves the High Court’s inherent jurisdiction as a safeguard against injustice and abuse of criminal process. It allows the Court to make appropriate orders where necessary to give effect to orders under BNSS, prevent abuse of process or secure the ends of justice, while keeping the exercise of this power within recognised legal limits.
