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Bharatiya Nagarik Suraksha Sanhita, 2023 · Chapter XXXIX: Miscellaneous

Section 528: Saving of inherent powers of High Court

Earlier law: CrPC section 482 (Saving of inherent power of High Court)

In plain words

Nothing in this Sanhita limits the inherent powers of the High Court to make orders needed to give effect to orders under it, to prevent abuse of the process of any court, or otherwise to secure the ends of justice.

A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.

Read the in-depth explanation, with key Supreme Court rulings ↓

Official text

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.

Corresponding sections were matched by comparing the wording of both official texts, and for the IPC and BNS, also against a published correspondence table. Wording, punishments and structure often changed, so read both sections before relying on the match.

Source: India Code (indiacode.gov.in), the consolidated text published by the Legislative Department, Government of India. Text as updated on India Code on 12 September 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.

Understanding this section

Section 528 carries forward section 482 of the CrPC word for word: the inherent powers of the High Court to give effect to orders under the Sanhita, to prevent abuse of the process of any court, or otherwise to secure the ends of justice. It is the usual route to quash FIRs and criminal proceedings.

Illustrative grounds for quashing

The categories laid down under the old section 482 continue to apply: allegations that, taken at face value, disclose no offence; no cognizable offence justifying investigation; allegations so absurd that no prudent person could accept them; an express legal bar; and proceedings manifestly mala fide or brought with an ulterior motive. The list is illustrative.

Limits

The High Court does not weigh evidence or decide disputed facts. Interference with investigation is the exception, and orders of no coercive steps need reasons.

Settlement

Proceedings in essentially private disputes may be quashed on settlement even if the offence is not compoundable, but not in heinous offences against society.

Key Supreme Court rulings

  • State of Haryana v. Bhajan Lal 1990 INSC 363 : 1992 Supp (1) SCC 335

    Laid down illustrative categories where the inherent power may be exercised to quash proceedings, while noting that no exhaustive list or rigid formula is possible.

  • Neeharika Infrastructure Pvt. Ltd. v. State of Maharashtra 2021 INSC 253

    The power must be exercised sparingly; courts should not interfere at the investigation stage save in exceptional cases.

  • Gian Singh v. State of Punjab 2012 INSC 419

    Quashing on settlement is possible for predominantly private offences, not for heinous offences affecting society.

Common mistakes

  • Citing BNSS section 482 for inherent powers; it is section 528.
  • Asking the High Court to decide disputed facts.

Read with: Section 359 BNSS, Section 482 CrPC

Prepared with AI assistance as a study aid. Every ruling listed was checked against the Supreme Court's own judgments on this site, and quoted words appear in those judgments; linked names open the full judgment. Read the judgments themselves before relying on them. Not legal advice.

Supreme Court judgments citing the section 528