The question (12 marks)
Discuss the inherent powers of the High Court under section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 and distinguish an application under that section from a criminal revision. Draft the grounds you would take in an application to quash a complaint arising out of a settled private dispute. (12 marks)
MU Module II, inherent powers and correction of orders; pack ch. 02 sections 6 and 8.
Plan your answer on paper before you look at the authorities — issue first, then the rule, then apply it to these facts.
It tests Unit 2 · Criminal Pleadings, Bail, Appeals and Inherent Powers of Drafting, Pleading and Conveyancing – III.
Authorities you will need
- Section 528, Bharatiya Nagarik Suraksha Sanhita 2023
- Sections 438, 439, 440 and 442, Bharatiya Nagarik Suraksha Sanhita 2023
- Section 403, Bharatiya Nagarik Suraksha Sanhita 2023
- Sections 226 and 227, Bharatiya Nagarik Suraksha Sanhita 2023
How an answer is marked
A full-marks answer names the issue in one line, states the rule with its section, cites the authority, applies it to these facts and concludes — in that order. The app's model answer for this question is written in exactly that shape, with a checklist to mark your own attempt against.