Which Offences Cannot Be Quashed Under Section 528 BNSS? A Detailed Legal Analysis
Introduction
Section 528 of the Bharatiya Nagarik Suraksha Sanhita 2023 (BNSS) embodies the inherent powers of the High Court to prevent abuse of the process of law and to secure the ends of justice. Over the years, this provision has become one of the most powerful safeguards against false, frivolous, and malicious criminal proceedings. Through this provision, High Courts frequently quash FIRs and criminal cases that arise out of private disputes, civil transactions, or matrimonial discord.
However, this power is not absolute. The inherent jurisdiction of the High Court under Section 528 BNSS is circumscribed by judicial discipline and well-settled legal principles. One of the most crucial limitations is that certain categories of offences cannot be quashed, even if the parties have entered into a compromise or settlement.
This leads to an important and frequently asked question: Which offences cannot be quashed under Section 528 BNSS? This article provides a detailed and authoritative answer by examining statutory principles, Supreme Court guidelines, and the underlying rationale behind restricting quashing in serious offences.
Direct Answer to the Question
Offences which are serious, heinous, or have a grave impact on society at large—such as murder, rape, dacoity, terrorism, corruption, and offences under special statutes like NDPS and POCSO—generally cannot be quashed under Section 528 BNSS, even if the parties have settled the dispute.
Understanding the Limits of Section 528 BNSS
Section 528 BNSS preserves inherent powers but does not confer unlimited authority. Courts have consistently held that:
- The power must be exercised sparingly
- Public interest cannot be sacrificed for private settlement
- Serious crimes are offences against society, not merely against an individual
Therefore, the nature and gravity of the offence play a decisive role in determining whether quashing is permissible.
Key Judicial Principle: Crimes Against Society vs Private Disputes
The foundational distinction in FIR quashing jurisprudence is between:
- Private or personal disputes, and
- Crimes against society at large
Private disputes may be quashed to promote peace and harmony. In contrast, crimes that affect public order, morality, safety, or the integrity of institutions cannot be nullified by private compromise.
Supreme Court Guidelines Governing Non-Quashable Offences
Gian Singh v. State of Punjab
In this landmark judgment, the Supreme Court categorically held that:
- Heinous and serious offences cannot be quashed on compromise
- Crimes having serious societal impact stand on a different footing
The Court clarified that Section 528 BNSS is not intended to legitimise private settlements in serious criminal cases.
Narinder Singh v. State of Punjab
The Supreme Court further refined the law by laying down guidelines stating that:
- Offences involving mental depravity or grave violence should not be quashed
- Public interest must override private interest
These principles continue to guide High Courts across India.
Categories of Offences That Cannot Be Quashed Under Section 528 BNSS
1. Offences Against Human Life
Murder and Attempt to Murder
Offences under:
- Section 103 BNS (Murder)
- Section 109 BNS (Attempt to Murder)
are considered among the gravest crimes. They involve extreme violence and pose a serious threat to public safety.
Why they cannot be quashed:
- They affect societal peace
- They involve deliberate violence
- Compromise cannot undo the impact on society
Courts may examine exceptional circumstances, but quashing is generally impermissible.
2. Sexual Offences
Rape and Sexual Assault
Offences such as:
- Section 64 BNS (Rape)
- Gang rape
- Sexual assault under POCSO
are treated as crimes against the dignity of women and children.
Legal position:
- Such offences cannot be quashed on compromise
- Victim consent or settlement is irrelevant
Sexual offences strike at the core of societal morality and constitutional values.
3. Offences Under the POCSO Act
The Protection of Children from Sexual Offences Act deals with sexual crimes against minors.
Why POCSO offences cannot be quashed:
- Children cannot legally consent
- The statute has overriding public interest
- Compromise defeats the object of child protection
High Courts consistently refuse to quash FIRs under POCSO.
4. Offences Involving Terrorism and National Security
Offences under:
- Unlawful Activities (Prevention) Act
- Terrorist activities
- Sedition-related offences
are considered threats to national integrity and security.
Legal reasoning:
- These crimes affect the nation as a whole
- Individual settlements are irrelevant
Such offences are non-quashable under Section 528 BNSS.
5. Offences Under the NDPS Act
The Narcotic Drugs and Psychotropic Substances Act deals with drug trafficking and abuse.
Why NDPS offences are not quashed:
- Drug offences have wide societal ramifications
- They affect public health and youth
- The statute prescribes stringent provisions
Courts generally refuse to quash FIRs under NDPS, even on compromise.
6. Corruption and Economic Offences Involving Public Interest
Offences under:
- Prevention of Corruption Act
- Bribery involving public servants
- Misuse of public office
are considered offences against the State.
Reason for non-quashing:
- Public trust in governance is affected
- Private settlement cannot absolve public wrongdoing
Corruption cases are rarely quashed under Section 528 BNSS.
7. Dacoity, Robbery, and Serious Violent Crimes
Offences such as:
- Section 310 BNS (Dacoity)
- Armed robbery
involve organized criminal activity and violence.
Legal position:
- These crimes disturb public order
- They create fear in society
Courts do not permit compromise-based quashing in such cases.
8. Offences Affecting Public Morality and Social Order
Examples include:
- Human trafficking
- Prostitution-related offences
- Large-scale fraud affecting the public
These offences impact social fabric and morality and therefore cannot be quashed.
9. Offences Under Special Statutes With Statutory Bar
Certain statutes expressly or impliedly restrict quashing, such as:
- SC/ST (Prevention of Atrocities) Act (in serious cases)
- Election-related offences
- Environmental offences
Where the legislature intends strict enforcement, courts show restraint.
Can Section 109 BNS Ever Be Quashed?
Courts have clarified that:
- Merely mentioning Section 109 BNS is not decisive
- The nature of injuries, weapons used, and intent are examined
However, in most genuine cases involving violence, quashing is refused due to societal impact.
Why Settlement Cannot Override Serious Crime
Allowing quashing of serious offences on compromise would:
- Encourage coercion of victims
- Undermine deterrence
- Erode public confidence in justice
Therefore, courts consistently prioritise public interest.
Distinction Between Compoundable and Non-Quashable Offences
Not all non-compoundable offences are non-quashable. However:
- All serious societal offences are non-quashable, irrespective of compromise
This distinction is crucial for understanding Section 528 BNSS.
Role of the High Court in Non-Quashable Offences
The High Court acts as:
- Guardian of public interest
- Protector of constitutional values
- Custodian of criminal justice integrity
Its refusal to quash serious offences reinforces the rule of law.
Common Misconceptions
- All non-compoundable offences cannot be quashed
- Compromise automatically leads to quashing
- Consent of victim is decisive in all cases
These misconceptions have been clarified through judicial precedents.
Practical Guidance for Litigants and Lawyers
Before filing a quashing petition, it is essential to assess:
- Nature of offence
- Societal impact
- Statutory restrictions
- Judicial precedents
Filing quashing petitions in non-quashable offences often results in dismissal and loss of credibility.
Conclusion
While Section 528 BNSS provides wide inherent powers to the High Courts, these powers are subject to well-defined limitations. Offences that are serious, heinous, or have a deep and adverse impact on society—such as murder, rape, terrorism, corruption, NDPS offences, and crimes against children—cannot be quashed under Section 528 BNSS, even if the parties have reached a compromise.
The underlying rationale is that such offences are crimes against society and public order, not merely private wrongs. Allowing their quashing would undermine the rule of law, weaken deterrence, and erode public confidence in the criminal justice system. Section 528 BNSS thus strikes a careful balance between individual justice and societal interest, ensuring that while frivolous prosecutions are curtailed, serious crimes are prosecuted to their logical conclusion.
Disclaimer: This information is intended for general guidance only and does not constitute legal advice. Please consult with a qualified lawyer for personalized advice specific to your situation.
Advocate J.S. Rohilla (Civil & Criminal Lawyer in Indore)
Contact: 88271 22304