Section 523 BNSS: Power of High Court to make rules (Formerly Section 477 CrPC)

Section 523 of Bharatiya Nagarik Suraksha Sanhita, 2023: Power of High Court to make rules

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

(1) Every High Court may, with the previous approval of the State Government, make rules—

(a) as to the persons who may be permitted to act as petition-writers in the Criminal Courts subordinate to it;

(b) regulating the issue of licences to such persons, the conduct of business by them, and the scale of fees to be charged by them;

(c) providing a penalty for a contravention of any of the rules so made and determining the authority by which such contravention may be investigated and the penalties imposed;

(d) any other matter which is required to be, or may be, provided by rules made by the State Government.

(2) All rules made under this section shall be published in the Official Gazette.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Inquiry Sec 2(1)(g) Investigation Sec 2(1)(h) Victim Sec 2(1)(w)

Legal Commentary & Landmark Judgments: Section 523

Section 523 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 477 of the CrPC, 1973) empowers High Courts, with the previous approval of the State Government, to make rules governing criminal court administration, electronic records, and procedural fees.

High Court Rule-Making Authority: Every High Court may, with the previous approval of the State Government, make rules: (a) regarding inspection of records; (b) fees for process, copies, and translations; (c) regulating electronic depositions, digital summons, and video-link infrastructure.
Conformity with Sanhita & Constitution: Rules made under this section cannot override substantive statutory provisions of the Sanhita or violate Article 21.
Publication in Official Gazette: Rules take effect upon publication in the Official Gazette.

Key Landmark Precedents:

P. Ramachandra Rao v. State of Karnataka, (2002) 4 SCC 578: The Constitution Bench held that the rule-making powers of High Courts are subordinate to statutory legislation and constitutional guarantees of fair trial.
Madhu Limaye v. State of Maharashtra, (1977) 4 SCC 551: Affirmed that High Court criminal rules cannot abridge the right of litigants to access judicial records.

Courtroom Practice & Strategic Litigation Guidance:

Check the High Court Criminal Rules of Practice of your specific State for localized procedural timeframes (such as notice requirements for bail, digital evidence preservation, or paper book formats).