Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 preserves the inherent powers of the High Court. It reproduces Section 482 of the Code of Criminal Procedure, 1973, which itself carried forward Section 561-A of the Code of 1898. The power is not conferred by the statute; it is saved by it, because it belongs to the High Court as a superior court of record.
The section names three purposes: to give effect to any order under the Sanhita, to prevent abuse of the process of any court, and otherwise to secure the ends of justice.
Which section to cite
Petitions filed on or after 1 July 2024 lie under Section 528 BNSS, even where the FIR was registered under the old law. Section 482 of the BNSS now deals with anticipatory bail, so the two must not be confused.
The old case law continues
Because the language is the same, the law developed under Section 482 CrPC continues to apply. In Imran Pratapgarhi v. State of Gujarat, decided in March 2025 on a petition under Section 528 BNSS read with Article 226, the Supreme Court quashed an FIR and held that the High Court was wrong to decline to examine the case merely because the investigation was at an early stage.
When proceedings may be quashed
The framework remains State of Haryana v. Bhajan Lal. Proceedings may be quashed where, among other things, the allegations taken at face value disclose no offence; the allegations are so absurd or improbable that no prudent person could reach a just conclusion that there is sufficient ground; there is an express legal bar to the proceeding; or the proceeding is manifestly attended with mala fides or instituted with an ulterior motive.
The power is to be used sparingly. In Neeharika Infrastructure v. State of Maharashtra, the Supreme Court cautioned that quashing is the exception, and that interim orders of no coercive steps should be passed only in exceptional cases, with reasons.
Quashing on settlement
Where parties to an essentially private dispute have settled, the High Court may quash proceedings even for offences that are not compoundable, as held in Gian Singh v. State of Punjab and explained in Parbatbhai Aahir v. State of Gujarat. The power is not available for heinous offences or offences against society at large. The Jammu & Kashmir and Ladakh High Court has held that Section 359 BNSS, which lists the compoundable offences, does not limit the power under Section 528.
This note states the law as it stands on 15 November 2026. It is general information, not legal advice, and does not create an advocate–client relationship. The law on several of these points is still developing.