Section 528 BNSS: Saving of inherent powers of High Court

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 528 BNSS at a Glance

Section 528 BNSS deals with saving of inherent powers of High Court. It replaced Section 482 CrPC on 1 July 2024. Popularly called the inherent powers of the High Court. The rule is unchanged: the High Court keeps its power to prevent abuse of the process of any Court or otherwise to secure the ends of justice.

Was CrPC

Section 482 →

Section 528 BNSS Bare Act Text

528. 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.

Source: Section 528, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 528 BNSS in Simple Words

Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides that nothing in the Sanhita shall be deemed to limit or affect the inherent powers of the High Court. Under Section 528 BNSS, the High Court may make such orders as may be necessary to give effect to any order under the Sanhita, to prevent abuse of the process of any Court, or otherwise to secure the ends of justice.

When Section 528 BNSS Applies

  • Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 saves the inherent powers of the High Court, and nothing in the Sanhita shall be deemed to limit or affect those powers.
  • The High Court may make such orders as may be necessary to give effect to any order under the Sanhita.
  • The High Court may make such orders as may be necessary to prevent abuse of the process of any Court.
  • The High Court may also make such orders as may be necessary otherwise to secure the ends of justice.

Example of Section 528 BNSS

Kavita secures an order under the Bharatiya Nagarik Suraksha Sanhita, 2023 from a Court in Pune, but an unforeseen procedural hurdle prevents that order from taking effect. Around the same time, Manoj initiates a malicious proceeding in that Court to misuse its process against Kavita. Kavita petitions the High Court under Section 528 BNSS. Because nothing in the Sanhita shall be deemed to limit or affect the inherent powers of the High Court, the High Court may make such orders as may be necessary to give effect to the order under the Sanhita, prevent abuse of the process of that Court, and secure the ends of justice.

When Section 528 BNSS Does Not Apply

  • Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 does not save or confer inherent powers for any Court other than the High Court.

Section 528 BNSS in the CrPC (Previous Law)

Section 528 BNSS replaces Section 482 CrPC from the old criminal code.

Section 482 of the Code of Criminal Procedure, 1973 became Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024 with changes of form only. The provision was renumbered from Section 482 CrPC to Section 528 BNSS, and the word Code was replaced with the word Sanhita. The rule itself is unchanged. Both provisions preserve the inherent powers of the High Court to make such orders as may be necessary to give effect to orders under the statute, prevent abuse of the process of any Court, or otherwise secure the ends of justice.

View CrPC Section 482 →

FAQs on Section 528 BNSS

Does Section 528 BNSS grant new powers to the High Court?▼

No, Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 does not create or grant new powers. It is a saving provision for the inherent powers of the High Court. It provides that nothing in the Sanhita shall be deemed to limit or affect the inherent powers of the High Court to make such orders as may be necessary for the purposes stated in Section 528 BNSS.

When can the High Court pass orders under Section 528 BNSS?▼

Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 states that the High Court may make such orders as may be necessary to give effect to any order under the Sanhita, to prevent abuse of the process of any Court, or otherwise to secure the ends of justice. Nothing in the Sanhita shall be deemed to limit or affect the inherent powers of the High Court for these objects.

Does Section 528 BNSS give inherent powers to Courts other than the High Court?▼

No, Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 saves only the inherent powers of the High Court. Although the High Court may make such orders as may be necessary to prevent abuse of the process of any Court or to give effect to any order under the Sanhita, no other Court derives inherent powers from Section 528 BNSS.

What changed from Section 482 CrPC to Section 528 BNSS from 1 July 2024?▼

Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 482 of the Code of Criminal Procedure, 1973 from 1 July 2024 with changes of form only. Aside from renumbering the provision and replacing the word Code with the word Sanhita, the substantive rule is unchanged. The inherent powers of the High Court to give effect to orders under the Sanhita, prevent abuse of the process of any Court, or secure the ends of justice remain the same.

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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 18 Oct 2026 ·