Code: Section 528 BNSS
528.
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.
Explanation of Section 528 BNSS
Section 528 ensures that the High Court retains its inherent powers, which are not restricted by any provision in the Bharatiya Nagarik Suraksha Sanhita (BNSS). These inherent powers are crucial for ensuring justice and for addressing situations where the Sanhita may not specifically provide a solution.
Key Provisions:
- Preservation of High Court’s Authority: The section makes it clear that the High Court has the authority to make orders necessary to give effect to any ruling under the BNSS. This ensures that the High Court remains the final authority for ensuring justice is served in any case, even if the BNSS does not explicitly cover every possible scenario.
- Prevention of Abuse of Court Process: The High Court can exercise its inherent powers to prevent the abuse of judicial processes. If a party misuses the legal process for improper purposes, the High Court can intervene.
- Securing the Ends of Justice: The High Court can take any action deemed necessary to secure justice, ensuring that no injustice occurs even if the BNSS does not directly address the situation.
Illustration
Example 1: High Court Intervention in Unforeseen Situations
If the BNSS does not provide a clear provision for a particular legal issue, the High Court may use its inherent powers to make orders that uphold justice. For example, if a case falls through the cracks of the law, the High Court can step in to ensure fairness.
Example 2: Preventing Abuse of Court Process
Suppose a party is repeatedly filing frivolous appeals, causing unnecessary delays in the judicial process. Under Section 528, the High Court can intervene and issue orders to stop the abuse of the process and ensure that the case moves forward without undue hindrance.
Common Questions and Answers on Section 528 BNSS
1. Does Section 528 limit the High Court’s powers?
- Answer: No, Section 528 explicitly states that nothing in the BNSS limits or affects the inherent powers of the High Court. The High Court retains the authority to make necessary orders to ensure justice.
2. What does “inherent powers” mean in this context?
- Answer: Inherent powers refer to the High Court’s fundamental authority to make orders that are necessary for justice, prevent abuse of court procedures, or fill in gaps in the law when the BNSS does not specifically provide a solution.
3. How does Section 528 ensure justice is served?
- Answer: By preserving the High Court’s ability to make orders that are essential for ensuring justice, Section 528 allows the High Court to step in when needed, especially in cases not directly addressed by the BNSS.
Conclusion
Section 528 of the BNSS affirms the High Court’s authority to exercise its inherent powers to ensure justice. This provision ensures that the High Court can intervene when necessary to give effect to orders, prevent the abuse of the court process, and secure the ends of justice, even if not explicitly covered by the BNSS.
