Section 523 BNSS: Power of High Court to Make Rules

Text of Section 523 BNSS

The statutory wording above is reproduced from the official text of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Meaning and scope of Section 523

Section 523 gives a rule-making power to the High Court, but that power is not exercised entirely on its own. The High Court must obtain the previous approval of the State Government before making rules under this provision.

The section is focused mainly on petition-writers who work in Criminal Courts subordinate to the High Court. In practical terms, it enables the High Court to create a regulated system for eligibility, licensing, professional conduct, fee scales and disciplinary consequences.

The provision therefore supports court administration by allowing locally applicable procedural rules to be framed for persons who assist litigants by preparing petitions and related court documents, subject to the conditions prescribed by the competent High Court.

Clause-by-clause explanation

Section 523(1)(a): Who may act as a petition-writer

The High Court may specify the persons who are permitted to act as petition-writers in Criminal Courts subordinate to it. This allows eligibility and authorisation requirements to be fixed through rules.

Section 523(1)(b): Licences, conduct and fees

The High Court may regulate the grant or issue of licences, prescribe how licensed petition-writers conduct their business, and fix or regulate the scale of fees chargeable by them.

Section 523(1)(c): Penalty for violation of rules

The rules may provide penalties for breach of the rules. They may also identify the authority competent to investigate an alleged contravention and impose the prescribed penalty.

Section 523(1)(d): Other matters

This clause permits rules on other matters which are required to be, or may be, provided for by rules made by the State Government. It gives supporting flexibility for connected administrative matters falling within the statutory scheme.

Publication in the Official Gazette

Section 523(2) makes publication mandatory. Every rule made under this section must be published in the Official Gazette. Gazette publication provides formal public notice of the rules and their contents.

Legal context under the BNSS

The Bharatiya Nagarik Suraksha Sanhita, 2023 is Act No. 46 of 2023 and replaced the Code of Criminal Procedure, 1973 for proceedings governed by the new law, subject to the repeal and savings provisions in Section 531. The BNSS came into force on 1 July 2024, subject to the notified exception concerning Section 106(2) of the Bharatiya Nyaya Sanhita and the corresponding First Schedule entry.

Section 523 is placed immediately after Section 522, Forms and before Section 524, Power to alter functions allocated to Executive Magistrate in certain cases.

• The rule-making authority is the High Court.
• Previous approval of the State Government is required.
• The principal subject is regulation of petition-writers in subordinate Criminal Courts.
• Rules may cover licences, business conduct, fees, penalties and investigation of breaches.
• Publication in the Official Gazette is compulsory.