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:

Inherent powers of the High Court are extraordinary in nature and must be exercised sparingly, especially in welfare legislations like the Domestic Violence Act.

Answer 1

The Correct Option is B

Step 1: Scope of Section 528 BNSS, 2023.
Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 confers inherent powers on the High Court, similar to Section 482 of the Code of Criminal Procedure, to prevent abuse of process and to secure the ends of justice.
Step 2: Nature of proceedings under the Domestic Violence Act.
Proceedings under Section 12(1) of the Protection of Women from Domestic Violence Act, 2005 are quasi-civil in nature, but they are governed by criminal procedural law for enforcement and remedies.
Step 3: Limits on High Court interference.
The High Court may quash such proceedings only in exceptional cases where there is gross illegality, lack of jurisdiction, or a clear abuse of the process of law. Routine interference is discouraged.
Step 4: Conclusion.
Hence, the correct statement is (B), as High Court intervention is justified only in cases of gross illegality or abuse of the legal process.