Section 528 of BNSS : Section 528: Saving of inherent powers of High Court.

BNSS

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Explanation using Example

Example 1:

Rajesh is accused of a serious crime and is currently on trial in a lower court. During the trial, Rajesh's lawyer discovers that crucial evidence proving Rajesh's innocence was not presented due to a procedural error. The lawyer files a petition in the High Court, invoking Section 528 of the Bharatiya Nagarik Suraksha Sanhita 2023, requesting the High Court to intervene and order the lower court to consider the new evidence. The High Court, using its inherent powers, orders the lower court to admit the new evidence to ensure justice is served.

Example 2:

Meena is involved in a civil dispute over property ownership. The opposing party uses delaying tactics to prolong the case, causing Meena significant financial and emotional distress. Meena's lawyer approaches the High Court, citing Section 528 of the Bharatiya Nagarik Suraksha Sanhita 2023, to prevent the abuse of the court process. The High Court, exercising its inherent powers, issues an order to expedite the proceedings and warns the opposing party against further delaying tactics, ensuring that the case is resolved in a timely manner.

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