Bharatiya Nagarik Suraksha Sanhita

Section 528

Saving of inherent powers of High Court

🔄 BNS equivalent: IPC Sec. 482 ⚖️ Bail Procedure Guide 🔨 Punishment & Liability Guide 🔍 Compare Old vs New

⚡ Quick Answer Reference: Section 528 BNSS

Provision: Section 528 of BNSS
Act: Bharatiya Nagarik Suraksha Sanhita
Classification: MISCELLANEOUS
Jurisdiction: India
Summary: This section ensures the High Court's inherent powers remain unaffected by the Bharatiya Nagarik Suraksha Sanhita, allowing it to make necessary orders to secure justice.

Statutory Content

What does Section 528 of BNSS say?

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.

Indian StandardSection 528, Bharatiya Nagarik Suraksha Sanhita

Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 528 (India)

Court Pleading StandardSection 528 of the Bharatiya Nagarik Suraksha Sanhita

Canonical Web linkhttps://nyaya.cloud/acts/bharatiya-nagarik-suraksha-sanhita/528

Embed this Section Card

Want to display this Section explanation card on your website? Copy and paste the HTML code below:

<iframe src="https://nyaya.cloud/api/widget/section?act=bharatiya-nagarik-suraksha-sanhita&sec=528" width="100%" height="250" style="border:none; border-radius:8px;"></iframe>

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).

AI Educational GuideAI-generated explanation for educational and research purposes. Original statutory text is preserved exactly.

Section Meaning & Purpose

What does Section 528 of BNSS mean?

Plain English Explanation

This section ensures the High Court's inherent powers remain unaffected by the Bharatiya Nagarik Suraksha Sanhita, allowing it to make necessary orders to secure justice.

Practical Interpretation

In practice, this means the High Court can issue orders to prevent the misuse of legal processes or to achieve just outcomes, even if such powers are not explicitly mentioned in the Sanhita.

Core Legal Purpose

The core purpose is to preserve the High Court's ability to oversee and manage legal proceedings, ensuring that justice is served and the legal process is not abused.

Key Legal Elements

•The High Court must have inherent powers to make orders.
•The orders must be necessary to give effect to any order under this Sanhita or to prevent abuse of the process of any Court.
•The key legal test is whether the order secures the ends of justice.
•There is no explicit exception or limitation mentioned in this section.

Practical Example

Practical Example of Section 528 BNSS

For instance, if Rajesh files a petition under the Bharatiya Nagarik Suraksha Sanhita and the lower court's decision seems unjust, the High Court, under its inherent powers, can intervene and make necessary orders to ensure justice is served, such as ordering a retrial or dismissing the petition.

Common Questions (FAQ)

Frequently Asked Questions about Section 528 BNSS

Q: What is the punishment or consequence under Section 528 of BNSS?

This section is a procedural provision and does not prescribe a penal punishment.

Q: Does this section apply to private individuals or public entities?

This section applies to the High Court's powers in relation to any proceedings under the Bharatiya Nagarik Suraksha Sanhita, which can involve both private individuals and public entities.

Q: Is an offence under this section bailable or cognizable?

This section does not deal with offences, so it is neither bailable nor cognizable; it is a procedural provision related to the High Court's powers.

Common Questions about Section 528 BNSS

What is Section 528 of BNSS?

Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Saving of inherent powers of High Court". In plain terms: This section ensures the High Court's inherent powers remain unaffected by the Bharatiya Nagarik Suraksha Sanhita, allowing it to make necessary orders to secure justice.

What is the punishment under Section 528 of BNSS?

Section 528 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.

Is Section 528 of BNSS bailable or non-bailable?

Whether Section 528 of BNSS is bailable or non-bailable depends on the schedule classification.

What are the elements of Section 528 of BNSS?

The essential elements of Section 528 of BNSS are: The High Court must have inherent powers to make orders.; The orders must be necessary to give effect to any order under this Sanhita or to prevent abuse of the process of any Court.; The key legal test is whether the order secures the ends of justice..

What is the IPC equivalent of Section 528 of BNS?

Section 528 of the Bharatiya Nyaya Sanhita (BNS) 2023 corresponds to Section 482 of the old Indian Penal Code (IPC). Inherent powers of HC: Identical. Most important provision retained.

Law Transition Mapping

Corresponds to Old Law

Old LawSection 482Code of Criminal Procedure (CrPC)

→

This SectionSection 528Bharatiya Nagarik Suraksha Sanhita (BNSS)

⚠️ Material Change: Inherent powers of HC: Identical. Most important provision retained.

View Old Law Equivalent →Compare Side-by-Side →

Landmark Case Laws