Section 528 of (BNSS), 2023
Background
- BNSS, 2023 replaced the CrPC as part of India’s new criminal law framework effective July 1, 2024.
- Section 528 BNSS is the modern equivalent of Section 482 CrPC, which gave High Courts inherent powers.
- These powers are not codified in detail but are recognized as essential to ensure justice when procedural law is misused.
Scope of Section 528 BNSS
- Quashing FIRs/Complaints: High Courts can quash false or malicious FIRs filed to harass or gain advantage in civil disputes.
- Preventing Abuse of Process: If criminal proceedings are initiated only to pressurize a party in a pending civil suit, the High Court can intervene.
- Ensuring Justice: The section empowers courts to act when no other specific provision exists but justice demands intervention.
- Transfer/Consolidation: Courts may consolidate or transfer proceedings to avoid multiplicity of litigation.