Continuity or Constraint? Re-evaluating Inherent Powers of High Courts under Section 528 BNSS

Abstract

Despite extensive judicial precedents guiding Section 528 BNSS (formerly Section 482 CrPC), a critical gap persists in reconciling High Courts' inherent powers with post-2024 procedural reforms, as emerging trends reveal inconsistent quashing of FIRs for irregularities, risking overreach and eroded statutory discipline. This paper argues that the 2025 Supreme Court four-step test inadequately curbs misuse—such as mini-trials or forum shopping—while BNSS textual ambiguities exacerbate accessibility barriers for genuine abuse-of-process cases. It concludes that legislative clarifications on temporal scope, stricter pre-invocation thresholds, and judicial training are essential to restore remedial efficacy, ensuring inherent powers safeguard justice without undermining trial integrity.