Section 523 BNSS: Power of High Court to make rules
Bharatiya Nagarik Suraksha Sanhita, 2023
Section 523 BNSS at a Glance
Section 523 BNSS deals with power of High Court to make rules. It replaced Section 477 CrPC on 1 July 2024.
Section 523 BNSS Bare Act Text
(1) Every High Court may, with the previous approval of the State Government, make rulesβ
(a) as to the persons who may be permitted to act as petition-writers in the Criminal Courts subordinate to it;
(b) regulating the issue of licences to such persons, the conduct of business by them, and the scale of fees to be charged by them;
(c) providing a penalty for a contravention of any of the rules so made and determining the authority by which such contravention may be investigated and the penalties imposed;
(d) any other matter which is required to be, or may be, provided by rules made by the State Government.
(2) All rules made under this section shall be published in the Official Gazette.
Source: Section 523, Bharatiya Nagarik Suraksha Sanhita, 2023
Section 523 BNSS in Simple Words
Section 523 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the power of the High Court to make rules.
Under Section 523(1) BNSS, every High Court may, with the previous approval of the State Government, make rules as to the persons who may be permitted to act as petition-writers in the Criminal Courts subordinate to it, regulating the issue of licences to such persons, the conduct of business by them, and the scale of fees to be charged by them, providing a penalty for a contravention of any of the rules so made, and on any other matter which is required to be, or may be, provided by rules made by the State Government.
Under Section 523(2) BNSS, all rules made shall be published in the Official Gazette.
When Section 523 BNSS Applies
- Under Section 523(1) BNSS, every High Court may, with the previous approval of the State Government, make rules.
- Section 523(1)(a) BNSS speaks of rules as to the persons who may be permitted to act as petition-writers in the Criminal Courts subordinate to the High Court.
- Section 523(1)(b) BNSS speaks of rules regulating the issue of licences to such persons, the conduct of business by them, and the scale of fees to be charged by them.
- Section 523(1)(c) BNSS speaks of rules providing a penalty for a contravention of any of the rules so made and determining the authority by which such contravention may be investigated and the penalties imposed.
- Section 523(1)(d) BNSS speaks of rules on any other matter which is required to be, or may be, provided by rules made by the State Government.
- Under Section 523(2) BNSS, all rules made shall be published in the Official Gazette.
Example of Section 523 BNSS
When Section 523 BNSS Does Not Apply
- Section 523 BNSS speaks of rules made by the High Court with the previous approval of the State Government. It does not deal with the delivery to commanding officers of persons liable to be tried by Court-martial, which Section 521 BNSS speaks of.
- Section 523 BNSS speaks of the power of the High Court to make rules. It does not deal with forms, which Section 522 BNSS speaks of.
Section 523 BNSS in the CrPC (Previous Law)
Section 523 BNSS replaced Section 477 CrPC from 1 July 2024.
Section 477 of the Code of Criminal Procedure, 1973 was replaced by Section 523 of the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. The heading is the same. Section 523(1)(d) BNSS reads any other matter which is required to be, or may be, provided by rules made by the State Government where Section 477(1)(d) CrPC read any other matter which is required to be, or may be, prescribed. The rest of the text is in the same words.
Each sub-section below names its own source.
FAQs on Section 523 BNSS
What may a High Court do under Section 523(1) BNSS?βΌ
Under Section 523(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, every High Court may, with the previous approval of the State Government, make rules as to the persons who may be permitted to act as petition-writers in the Criminal Courts subordinate to it, regulating the issue of licences to such persons, the conduct of business by them, and the scale of fees to be charged by them.
What else may the rules made under Section 523(1) BNSS provide?βΌ
Section 523(1)(c) BNSS speaks of providing a penalty for a contravention of any of the rules so made and determining the authority by which such contravention may be investigated and the penalties imposed. Section 523(1)(d) BNSS speaks of any other matter which is required to be, or may be, provided by rules made by the State Government.
How are rules made under Section 523 BNSS published?βΌ
Section 523(2) BNSS provides that all rules made shall be published in the Official Gazette.
What changed from Section 477 CrPC to Section 523 BNSS from 1 July 2024?βΌ
From 1 July 2024, Section 523 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 477 of the Code of Criminal Procedure, 1973. It has the same heading. Section 523(1)(d) BNSS reads any other matter which is required to be, or may be, provided by rules made by the State Government where Section 477(1)(d) CrPC read any other matter which is required to be, or may be, prescribed. Section 523(1)(a) BNSS, Section 523(1)(b) BNSS, Section 523(1)(c) BNSS and Section 523(2) BNSS are in the same words as Section 477(1)(a) CrPC, Section 477(1)(b) CrPC, Section 477(1)(c) CrPC and Section 477(2) CrPC.
Section 523 BNSS: Sub-sections Explained
Section 523(1) BNSS: Power of High Court to make rules
βΆ
Bare Act Text
(1) Every High Court may, with the previous approval of the State Government, make rulesβ
(a) as to the persons who may be permitted to act as petition-writers in the Criminal Courts subordinate to it;
(b) regulating the issue of licences to such persons, the conduct of business by them, and the scale of fees to be charged by them;
(c) providing a penalty for a contravention of any of the rules so made and determining the authority by which such contravention may be investigated and the penalties imposed;
(d) any other matter which is required to be, or may be, provided by rules made by the State Government.
Section 523(2) BNSS: Power of High Court to make rules
βΆ
Bare Act Text
(2) All rules made under this section shall be published in the Official Gazette.
Previous Law
CrPC 477(2) β Section 523(2) BNSS
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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 Β· Last updated: 22 Oct 2026 Β·