Saving of inherent powers of High Court
Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with 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. The Act came into force on 01 Jul 2024.
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.
Section 528, The Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023).
Replaces a provision of the Code of Criminal Procedure
CRPC 482 Saving of inherent powers of High Court Text carried over almost unchanged 100%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Neeharika Infrastructure Pvt. Ltd. v. State of Maharashtra
Decided under Code of Criminal Procedure 482, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
Judgement of Main Case order-18.pdf 2021-04-13 (not same-date order-19 ROP). Crl A 330/2021. While a 482/226 quash is pending, High Courts must not pass blanket 'no coercive steps' / stay-investigation orders as a routine; police have a statutory right and duty to investigate cognizable offences; interim relief in a quash is rarest-of-rare and must be reasoned. Modern successor to the Bhajan Lal 482 line (Bhajan Lal itself still has no CNR). Map CrPC 482 and successor BNSS 528. Combined already has HC Salamat on 482; this is the SC teaching file.
On this section: Successor of CrPC 482 (mapping.csv near-identical). The no-routine-stay teaching carries to BNSS 528.
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Achin Gupta vs The State of Haryana
Decided under Code of Criminal Procedure 482, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
In matrimonial disputes, courts must scrutinize the FIR closely to determine if it is instituted with an ulterior motive of wreaking vengeance, even if it ostensibly discloses a cognizable offence.
On this section: Exercise of inherent power to prevent abuse of court process.
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Ram Nath vs The State of Uttar Pradesh
Decided under Code of Criminal Procedure 482, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
When an act or omission constitutes an offence under both the Food Safety and Standards Act, 2006 and Sections 272 and 273 of the Indian Penal Code, the provisions of the FSSA have overriding effect over the IPC provisions by virtue of Section 89 of the FSSA. Therefore, prosecution should proceed only under the FSSA, specifically Section 59, and not under the IPC provisions. The FSSA being comprehensive legislation with exhaustive substantive and procedural provisions for dealing with food safety offences, including more stringent punishments and specialized procedures, is the appropriate and exclusive remedy for food adulteration and unsafe food violations.
On this section: Provides power to High Court to quash criminal proceedings; basis for petitions filed by appellants
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Yogakshemam Kuries vs The State of Kerala State of Kerala . Chief Secretary
Decided under Code of Criminal Procedure 482, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
Non-Banking Financial Companies registered under Chapter IIIB of the Reserve Bank of India Act, 1934 and regulated by the Reserve Bank of India cannot be simultaneously regulated by State Money Lenders Acts such as the Kerala Money Lenders Act, 1958 and the Gujarat Money Lenders Act, 2011, because Chapter IIIB constitutes a complete, exhaustive, and comprehensive code covering all aspects of NBFC regulation, the RBI Act is traceable to the exclusive legislative domain of Parliament under Union List Entry 43, and the application of State laws to RBI-regulated NBFCs conflicts with the scheme of federal financial regulation and casts a shadow of eclipse over State legislation in this field.
On this section: Referenced in context of Transfer Petition seeking quashing of FIR filed under Kerala Act against NBFC officers, which was allowed by the Court.
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Madhav Saran Agarwal vs Msx Mall Pvt. LTD
Decided under Code of Criminal Procedure 482, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
Section 138/141 proceedings under the Negotiable Instruments Act against a corporate debtor are covered by the moratorium provision in Section 14(1)(a) of the Insolvency and Bankruptcy Code, 2016, as such proceedings relate to transactions evidencing debt of the corporate debtor and result in depletion of its assets through compensation orders, thereby directly impacting the object of the moratorium which is to preserve the corporate debtor's assets during the insolvency resolution process so it can continue as a going concern and be rehabilitated. However, the moratorium applies only to the corporate debtor and not to natural persons (Directors/officers) in charge of and responsible for the conduct of the business of the corporate debtor, who remain liable to prosecution under Section 138/141 as the corporate debtor is a necessary party to such proceedings.
On this section: Cited as basis for petitions to quash Section 138 proceedings
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Serious Fraud Investigation Office vs Vivek Harivyasi
Decided under Code of Criminal Procedure 482, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
The time period stipulated in Section 212(3) of the Companies Act, 2013 for submission of investigation report by SFIO to the Central Government is purely directory and not mandatory. Therefore, expiry of such stipulated period does not terminate SFIO's mandate or its power to arrest. The mandate continues until completion of investigation and submission of final investigation report under Section 212(12). SFIO's arrest authority under Section 212(8) is not circumscribed by any time limit. In habeas corpus proceedings, the legality of detention is to be examined on the date of return/hearing, and if valid orders directing detention exist on that date, habeas corpus cannot be granted. Remand orders passed by competent judicial authorities are judicial functions and cannot be challenged through habeas corpus petitions.
On this section: High Court power to set aside criminal proceedings - basis for habeas corpus jurisdiction
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Kalubhai Dulabhai Khachar vs State of Gujarat
Decided under Code of Criminal Procedure 482, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
Where conduct constitutes an offence under both the Mines and Minerals (Development and Regulation) Act 1957 and the Indian Penal Code, the provisions of the MMDR Act do not impliedly or explicitly exclude prosecution under the IPC. Police can register FIR, investigate and submit charge sheets for theft of minerals under IPC Sections 378-379 based on discovery of unauthorized removal of minerals from government land. Magistrates can take cognizance of theft offences on police reports under Section 190(1)(d) CrPC without awaiting complaint from authorized MMDR officer. However, for offences constituting breach of mining lease or unauthorized mining specifically under MMDR Act Section 21, cognizance by Magistrate can only be taken upon complaint in writing by person authorized by Central or State Government as required by MMDR Act Section 22. These are distinct offences with different ingredients and prosecution for both does not violate Article 20(2) protection against double jeopardy provided person is not punished twice for identical offence. The Public Trust Doctrine establishes that natural resources are national assets requiring protection through multiple enforcement mechanisms. Police duty under Sections 149-152 CrPC to prevent cognizable offences includes authority and responsibility to investigate illegal mining even without prior authorization from mining authorities.
On this section: High Court jurisdiction to quash proceedings; used to challenge FIRs in original cases
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Devendra Kishanlal Dagalia vs Dwarkesh Diamonds PVT LTD
Decided under Code of Criminal Procedure 482, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
Once a Magistrate has examined a complaint, taken cognizance of an offence, and issued summons under Section 204 Cr.P.C., the Magistrate cannot thereafter recall or review that order by invoking Section 201 Cr.P.C. (which applies only to cases where the Magistrate is initially not competent to take cognizance). Relief post-issuance of summons must be sought before the High Court under Section 482 Cr.P.C. or Article 227 of the Constitution. Additionally, a complaint under Section 138 N.I. Act is maintainable at any court having territorial jurisdiction over any location where any one of the five essential components of the offence (drawing, presentation, dishonour, notice, and non-payment within 15 days) occurred, and the complainant has discretion to choose such a court.
On this section: Provides inherent power to High Court. Referenced as proper remedy available to aggrieved party after summons has been issued by Magistrate, rather than recall at Magistrate level.
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Udai Shankar Awasthi vs State of U. P
Decided under Code of Criminal Procedure 482, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
Where a criminal complaint is filed many years after an alleged instantaneous offence (not a continuing offence), beyond the prescribed limitation period under Section 468 CrPC, without plausible explanation for delay, by a litigant who has exhausted all civil and arbitral remedies and lost therein, and where earlier complaints on substantially identical facts have been dismissed on merits, and where material facts such as earlier dismissals have been suppressed, the complaint constitutes an abuse of the process of court and is liable to be quashed under Section 482 CrPC, regardless of the gravity of the alleged offence or the availability in law to prosecute crimes after long periods. The court must protect innocent persons from harassment by unscrupulous litigants who seek to weaponize criminal proceedings as a tool for vengeance after civil defeat.
On this section: Grants court power to quash criminal proceedings where the same constitutes abuse of process. Court invoked this section to quash the present complaint as proceedings were barred by limitation and constituted abuse of process by frustrated litigant.
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Thermax Ltd. vs K. M. Johny
Decided under Code of Criminal Procedure 482, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
A dispute arising purely from contractual obligations, even when it results in financial loss to the claimant, cannot be converted into a criminal offense under Sections 405, 406 or 420 IPC without establishing the essential ingredient of dishonest intention at the inception of the transaction. The appropriate remedy for breach of contract is a civil suit for damages, not criminal prosecution. When a complainant has previously filed identical complaints with police authorities which were investigated and closed as civil in nature, and thereafter files another complaint before a Magistrate suppressing such material facts and seeking criminal investigation, such action constitutes abuse of process of law. In the absence of specific statutory provision imposing vicarious liability on company directors and managers, they cannot be prosecuted under IPC sections for acts of the company. Section 34 IPC requires prior concert or meeting of minds with prearranged plan, which must be evident from the complaint itself.
On this section: High Court power to quash proceedings - Court held that High Court has power to quash proceedings when complaint is of civil nature, contains no criminal ingredients, or filed with inordinate delay.
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Sou. Sandhya Manoj Wankhade vs Manoj Bhimrao Wankhade
Decided under Code of Criminal Procedure 482, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
The undefined term 'relative' in the proviso to Section 2(q) of the Protection of Women from Domestic Violence Act, 2005 is not gender-restricted and includes female relatives of the husband or male partner. Therefore, an aggrieved wife or female can file a complaint against female relatives of her husband or male partner under the Act, and such female relatives can be made respondents in domestic violence proceedings.
On this section: Criminal Revision jurisdiction provision, used by respondent to challenge Magistrate's order before High Court
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R. Shashirekha vs State of Karnataka
Decided under Code of Criminal Procedure 482, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
For an offence under Section 306 IPC (abetment to suicide) to be constituted, there must be a proximate and positive act of instigation by the accused with close temporal proximity to the commission of suicide by the victim, creating a clear nexus between the act of instigation and the act of suicide. A significant time gap between the alleged instigation and the suicide, combined with the absence of any direct causal connection, is sufficient to break the nexus and preclude the constitution of the offence. However, when the High Court exercises its jurisdiction under Section 482 Cr.P.C. to quash an FIR, it must examine the investigation material and provide reasoned findings as to why the material does not constitute the alleged offence, rather than making casual observations without substantive analysis.
On this section: High Court's inherent jurisdiction to quash FIR - the Court held that the High Court should not conduct a mini-trial but should examine whether a prima facie case is made out; the High Court erred in quashing Section 420 charges without providing reasons.
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Badrinarayana Jaganathan vs The State of Karnataka
Decided under Code of Criminal Procedure 482, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
Criminal proceedings initiated on allegations that fail to disclose prima facie ingredients of the offences charged, where the underlying dispute is fundamentally civil in nature (employment termination), and where procedural irregularities and discrepancies suggest deliberate misclassification of the matter to transform a civil dispute into criminal proceedings for purposes of coercion or settlement, constitute an abuse of legal process and travesty of justice warranting quashing of the chargesheet and proceedings under Section 482 of the Code of Criminal Procedure, 1973. The essential ingredients of criminal offences must be strictly established: Section 323 requires voluntary act of causing actual hurt; Sections 504 and 509 require specific intentional insult with contextual details and intent to provoke or shock sense of decency; Section 506 requires threat with intent to cause alarm, not mere assertion of consequences of lawful termination. Mere allegations without substantiation of these ingredients do not justify continuation of criminal proceedings.
On this section: Inherent power to quash proceedings - Court exercised this power to quash chargesheet and criminal proceedings as abuse of legal process and travesty of justice
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Ayush Ahmad vs The State Nct of Delhi
Court's Decision & Legal Precedent
When contesting parties in a criminal case involving personal dispute settle and marry each other, the High Court may invoke inherent powers to quash the FIR to facilitate harmony.
On this section: Invoked for the High Court's inherent power to quash proceedings (analogous to 482 CrPC).
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Deepak Bansal vs State of Punjab
Decided under Code of Criminal Procedure 482, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
The National Commission for Scheduled Castes, while possessing procedural powers of a civil court for the limited purpose of conducting investigation and inquiry into complaints relating to deprivation of rights and safeguards of scheduled castes, does not have the power to issue binding directions in the nature of interim or mandatory injunctions, nor can it direct police to reinvestigate criminal matters, add specific sections to FIRs, or order arrest of accused persons. The powers of the National Commission are purely recommendatory in nature, and any directions issued by it must be understood as recommendations to the State Government or appropriate authorities, not as binding orders capable of execution or enforcement. The National Commission cannot interfere with ongoing police investigations or assume substantive powers of adjudication that are not explicitly vested in it by the Constitution or statute.
On this section: Cited to establish principles regarding inherent powers of High Court in interfering with investigations. Court drew analogy that if High Court has limited powers under Section 482, NCSC with no inherent powers cannot interfere with investigations.
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Pratyaksha Pal Choudhary vs Paritosh Singh
Decided under Code of Criminal Procedure 482, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
When parties to a matrimonial dispute enter into a comprehensive written settlement agreement providing for division of assets, transfer of property, and mutual dissolution of marriage, and both parties express unambiguous consent in person before the Supreme Court, the Court can exercise its extraordinary jurisdiction under Article 142 of the Constitution to: (1) dissolve the marriage by passing a decree of divorce by mutual consent; (2) waive the statutory waiting period normally required for divorce by mutual consent; (3) make the settlement agreement binding on both parties; (4) quash and dispose of all concurrent criminal proceedings (FIR and criminal revision petitions) pending in other courts as part of comprehensive settlement if parties consent; (5) quash and dispose of all concurrent civil proceedings (applications under Domestic Violence Act and other laws) pending in other courts as part of comprehensive settlement if parties consent; and (6) consolidate multi-jurisdictional proceedings into a single Supreme Court order to provide complete finality and prevent fragmented litigation. The exercise of Article 142 powers is appropriate where matrimonial settlement includes property transfer documented and registered, parties are present in person confirming consent, and consolidation of proceedings prevents further litigation burden and serves ends of justice.
On this section: Provision relating to criminal revision jurisdiction of High Court; CRLMP No. 8664/2024 filed by respondent under this section before High Court of Rajasthan, Jodhpur Bench, quashed and disposed in settlement
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… Exemption allowed, subject to all just exceptions. 2. The Application stands disposed of. CRL.M.A. 6183/2025 (for waiver of Bail Condition) 3. An Application under Section 482 of the Code of Criminal Procedure, 1973 ( hereinafter referred to as "CrPC") (Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 ) has been filed on behalf of the Petitioner, Satish Kumar for waiver of the Bail condition (b) imposed in the Bail Order dated 30.09.2024 whereby the Petitioner had been directed to seek permission of the Court every time when he leaves Delhi/NCR. 4. Learned …
Questions about Section 528
What have the courts held on Section 528 of the Bharatiya Nagarik Suraksha Sanhita?
Neeharika Infrastructure Pvt. Ltd. v. State of Maharashtra (13 Apr 2021) is the leading judgment on this section among those set out below, though it was decided under CRPC 482, which this section replaced -- the court never mentioned this Act: Successor of CrPC 482 (mapping.csv near-identical). The no-routine-stay teaching carries to BNSS 528. Another 15 judgments on this section are set out below, 14 of them from the Supreme Court. They run from 2011 to 2026.
How do I find court cases under Section 528 of the Bharatiya Nagarik Suraksha Sanhita?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNSS 528, section 528 BNSS, section 528 of the Bharatiya Nagarik Suraksha Sanhita. People searching for it also type bnss 528 in crpc. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 16 reported judgments on this section are set out on this page, beginning with Neeharika Infrastructure Pvt. Ltd. v. State of Maharashtra (13 Apr 2021).
What should I read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, and has it changed?
It carries forward CrPC 482 (Saving of inherent powers of High Court), so the judgments decided under that provision are the case law on this one.
When did Section 528 of the Bharatiya Nagarik Suraksha Sanhita come into force?
Section 528 of the Bharatiya Nagarik Suraksha Sanhita, commonly called quashing of fir, inherent powers of high court or 482 crpc, and cited as BNSS 528, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
- 359. Compounding of offences1355 words
- 187. Procedure when investigation cannot be completed in twenty-four hours1122 words
- 2. Definitions956 words
- 243. Trial for more than one offence930 words
- 35. When police may arrest without warrant881 words
- 480. When bail may be taken in case of non-bailable offence823 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.