Question

Which of the following statement is correct regarding the powers of the High Court under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for quashing the proceedings emanating from application under Section 12(1) of the Protection of Women from Domestic Violence Act, 2005?

• A. Remedy is not available for quashing the proceedings
• B. Interference of High Court is warranted only in case of gross illegality or gross abuse of the process of law
• C. Proceedings are predominantly of a civil nature therefore the provisions of Bharatiya Nagarik Suraksha Sanhita, 2023 do not apply
• D. High Court must adopt a hands-off approach while dealing with welfare legislation specially enacted to give justice to women who suffer from domestic violence

Hint:

When dealing with High Court interference, focus on whether the case involves gross abuse or illegality. The Court's role is to maintain the integrity of the legal process, but not interfere in routine matters.

Answer 1

The Correct Option is B

The correct approach under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is that the High Court can interfere in cases only in instances of gross illegality or abuse of law. This allows for checks but also protects the sanctity of legal proceedings. Hence, Option (b) is correct.