(1) Every High Court may, with the previous approval of the State Government, make rules— (a) as to the persons who may be permitted to act as petition-writers in the Criminal Courts subordinate to it; (b) regulating the issue of licences to such persons, the conduct of business by them, and the scale of fees to be charged by them; (c) providing a penalty for a contravention of any of the rules so made and determining the authority by which such contravention may be investigated and the penalties imposed; (d) any other matter which is required to be, or may be, provided by rules made by the State Government. (2) All rules made under this section shall be published in the Official Gazette.
Bharatiya Nagarik Suraksha Sanhita
Section 523
Power of High Court to make rules
Englishहिंदी
⚡ Quick Answer Reference: Section 523 BNSS
- Provision: Section 523 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: MISCELLANEOUS
- Jurisdiction: India
- Summary: This section allows High Courts to create rules with state government approval for petition-writers in subordinate criminal courts, including licensing, fees, and penalties for non-compliance.
Statutory Content
What does Section 523 of BNSS say?
Indian StandardSection 523, Bharatiya Nagarik Suraksha Sanhita
Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 523 (India)
Court Pleading StandardSection 523 of the Bharatiya Nagarik Suraksha Sanhita
Canonical Web linkhttps://nyaya.cloud/acts/bharatiya-nagarik-suraksha-sanhita/523
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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗
✓ VERIFIED FOR LEGAL ACCURACYReviewed & certified by Advocate Arjun Choudhury (Bar Council ID: D/8734/2015).
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Section Meaning & Purpose
What does Section 523 of BNSS mean?
Plain English Explanation
This section allows High Courts to create rules with state government approval for petition-writers in subordinate criminal courts, including licensing, fees, and penalties for non-compliance.
Practical Interpretation
In practice, this section enables High Courts to regulate and standardize the services of petition-writers, ensuring professionalism and fairness in legal proceedings.
Core Legal Purpose
The core purpose is to grant High Courts the authority to make rules for managing petition-writers, thereby maintaining the integrity and efficiency of the judicial process.
Key Legal Elements
- •Previous approval of the State Government is required for the High Court to make rules.
- •The rules can cover aspects such as licensing, conduct, and fees of petition-writers.
- •A key legal test is the requirement for rules to be published in the Official Gazette.
- •A limitation is that the High Court's rule-making power is subject to the approval of the State Government.
Practical Example
Practical Example of Section 523 BNSS
For instance, if Rajesh, a petition-writer, is found to be overcharging clients in a subordinate court in Mumbai, the High Court of Maharashtra, with the state government's approval, can make rules to regulate fees and impose penalties for such contraventions, ensuring that petition-writers like Rajesh operate within legal boundaries.
Common Questions (FAQ)
Frequently Asked Questions about Section 523 BNSS
Q: What is the punishment or consequence under Section 523 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment. It focuses on the High Court's power to make rules.
Q: Does this section apply to private individuals or public entities?
This section applies to the regulation of petition-writers, who can be private individuals, operating in criminal courts subordinate to the High Court.
Q: Is an offence under this section bailable or cognizable?
This section does not deal with offences in the context of bailable or cognizable classifications. It pertains to the rule-making authority of the High Court.
People Also Ask (PAA)
Common Questions about Section 523 BNSS
What is Section 523 of BNSS?
Section 523 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Power of High Court to make rules". In plain terms: This section allows High Courts to create rules with state government approval for petition-writers in subordinate criminal courts, including licensing, fees, and penalties for non-compliance.
What is the punishment under Section 523 of BNSS?
Section 523 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 523 of BNSS bailable or non-bailable?
Whether Section 523 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 523 of BNSS?
The essential elements of Section 523 of BNSS are: Previous approval of the State Government is required for the High Court to make rules.; The rules can cover aspects such as licensing, conduct, and fees of petition-writers.; A key legal test is the requirement for rules to be published in the Official Gazette..
Landmark Case Laws
Landmark Judgments under Section 523 BNSS
Patnahcucisdb94 High Court (10 8)
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