BNSS § 528 · In force since 1 July 2024
Section 528 BNSS — Inherent powers of the High Court
Section 528 preserves the High Court’s inherent power to give effect to an order under the BNSS, prevent abuse of a court’s process, or secure the ends of justice. It corresponds to CrPC 482. The section preserves a power; it does not promise that an FIR or proceeding will be quashed.
In short
- Replaces
- CrPC 482
- Court
- High Court
- Purposes
- Give effect to an order, prevent abuse of process, or secure the ends of justice
- Different provision
- BNSS 482 is anticipatory bail, not inherent powers
The 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.
Source: Official BNSS Gazette text. BNSS First Schedule and savings provision. NCRB old-to-new section table.
Steps in practice
- 1
Identify the proceeding and relief
Record the FIR or case number, the court concerned, the procedural stage and the order sought. Explain how the requested relief relates to one of the statutory purposes.
- 2
Assemble the underlying record
Discuss the FIR or complaint, relevant orders, charge-sheet if filed and supporting documents with an advocate. The record needed depends on the relief and local High Court rules.
- 3
Check the governing procedure
Older matters may be governed by the CrPC savings provision. Confirm the applicable code and controlling decisions for the particular proceeding before filing.
What changed from CrPC 482
The NCRB table maps the former inherent-powers provision to BNSS 528. The three statutory purposes remain the focus.
CrPC 482
Saving of the inherent powers of the High Court under the Code of Criminal Procedure.
BNSS 528Corresponding provision
Saving of the inherent powers of the High Court under the BNSS, for the three purposes set out in the text.
Which law applies
Which procedural code applies?
CrPC 482
BNSS 531(2)(a) saves the specified proceedings pending immediately before commencement.
BNSS 528
The BNSS came into force on 1 July 2024; assess the proceeding together with the savings clause.
Do not decide the procedural code solely from the date of the offence or FIR. For a later application in an older matter, check the applicable savings provision and binding decisions in the relevant jurisdiction.
Related procedure
Questions advocates ask
What is CrPC 482 in the BNSS?
The corresponding provision is BNSS 528, which saves the inherent powers of the High Court.
Does section 528 itself guarantee quashing?
No. It preserves the High Court’s power for the purposes stated in the section. Whether to exercise that power depends on the facts, governing law and applicable decisions.
Can a Sessions Court exercise section 528 powers?
The provision expressly concerns the inherent powers of the High Court. It does not confer those powers on the Sessions Court.
Should an older case cite CrPC 482 or BNSS 528?
Read BNSS 531(2)(a), which saves the listed proceedings pending immediately before commencement. Application to a later filing in an older matter requires checking the proceeding and binding decisions in the relevant jurisdiction.