Code: Section 523 BNSS
(1) Every High Court may, with the previous approval of the State Government,
make rules—
(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.
Explanation of Section 523 BNSS
Section 523 BNSS provides the High Courts with the authority to create rules concerning petition-writers in subordinate Criminal Courts. These rules are to be framed with the approval of the State Government. The section covers a range of matters:
- Eligibility of Petition-Writers: It allows High Courts to define who can act as a petition-writer in criminal courts.
- Licensing and Business Conduct: It enables the regulation of how petition-writers will conduct their business, including issuing licenses and establishing a fee structure.
- Penalties: It provides for penalties in case of violations of these rules, ensuring accountability.
- Other Matters: The High Courts may also include other necessary provisions in the rules, subject to the approval of the State Government.
Additionally, all rules made under Section 523 must be published in the Official Gazette to ensure transparency and public accessibility.
Illustration
Example 1: Licensing of Petition-Writers
A High Court frames rules specifying the qualifications and criteria for a person to be eligible to work as a petition-writer in the subordinate criminal courts. These rules also regulate the licensing process, where each petition-writer must apply and obtain a valid license before offering their services in the court.
Example 2: Imposing Penalties
A petition-writer is found charging fees that exceed the prescribed limits outlined in the High Court’s rules. The penalties for such violations are clearly defined, including fines or other punitive actions. The High Court also designates the relevant authority to investigate and impose the penalties for non-compliance.
Common Questions and Answers on Section 523 BNSS
1. What does Section 523 of BNSS empower High Courts to do?
- Answer: Section 523 grants High Courts the power to create rules concerning petition-writers, such as regulating who can act as a petition-writer, issuing licenses, conducting business, setting fees, and determining penalties for any violations.
2. Are the rules made under Section 523 accessible to the public?
- Answer: Yes, all rules created under Section 523 must be published in the Official Gazette. This ensures that the public, including legal professionals, have access to the rules and are aware of the regulations governing petition-writers.
3. What happens if a petition-writer violates the rules made under Section 523?
- Answer: If a petition-writer violates any rules, they may be subject to penalties as outlined in Section 523. These penalties may include fines or other consequences, depending on the severity of the violation.
4. Can High Courts make rules on other matters under Section 523?
- Answer: Yes, in addition to the specified areas, High Courts may also include other matters in the rules made under Section 523, as long as they are approved by the State Government.
Conclusion
Section 523 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) plays a crucial role in regulating the practice of petition-writers in subordinate criminal courts. By empowering High Courts to create rules regarding petition-writers, the section ensures that the profession is held to standards of fairness, transparency, and accountability. The rules help regulate business conduct, establish licensing requirements, and impose penalties for violations.
The requirement for these rules to be published in the Official Gazette ensures that the public and legal professionals are informed, maintaining public trust in the judicial system.
For anyone involved in legal processes or interested in the workings of the BNSS, understanding the significance of Section 523 ensures compliance and fosters a more transparent and structured judicial system.
