J&K&L High Court: Inherent Jurisdiction Cannot Circumvent Bar On Second Revision; 90 Days Reasonable For S.528 BNSS Petitions

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Published 27 October 2026

Bottom Line Up Front (BLUF)

The Jammu & Kashmir and Ladakh High Court held that inherent jurisdiction cannot be invoked to bypass the statutory bar on a second revision petition. The Court also observed that a 90-day period is a reasonable timeframe for filing petitions under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS).

Ratio Decidendi · Legal Principle Established

Inherent jurisdiction under Section 482 of the Code of Criminal Procedure, 1973 (or Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023) cannot be exercised to entertain a second revision petition when there is a statutory bar against it. While no specific limitation period is prescribed for such petitions, a period of 90 days is considered reasonable.

Practice & Procedural Impact for Advocates

Advocates should advise clients against filing a second revision petition, as it is statutorily barred and inherent jurisdiction cannot be used to circumvent this. Litigants should be mindful of the 90-day reasonable period for filing petitions under Section 528 BNSS (or Section 482 CrPC) to avoid delays.

Key Legal Takeaways

1Inherent jurisdiction cannot be used to bypass the bar on a second revision.
2A 90-day period is considered reasonable for filing petitions under Section 528 BNSS.
3The statutory bar on second revisions remains effective despite inherent powers.

The Legal Issue The Jammu & Kashmir and Ladakh High Court addressed two key issues: first, whether the inherent jurisdiction of the High Court could be invoked to entertain a second revision petition despite a statutory bar; and second, what constitutes a reasonable period for filing petitions under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 482 of the Code of Criminal Procedure, 1973).

Court's Reasoning The High Court clarified that the inherent powers of the court, whether under Section 528 BNSS or Section 482 CrPC, are meant to prevent abuse of process and secure the ends of justice, but they cannot be used to circumvent express statutory provisions. Since there is a statutory bar against a second revision petition, the High Court cannot entertain such a petition by invoking its inherent jurisdiction. Regarding the timeframe for filing petitions under Section 528 BNSS, the Court noted that while no specific limitation period is prescribed, a period of 90 days is considered reasonable, aligning with the general principles of expeditious justice.

What Follows The ruling implies that any attempt to file a second revision petition will likely be dismissed by the Jammu & Kashmir and Ladakh High Court. Litigants intending to invoke the inherent jurisdiction of the High Court under Section 528 BNSS (or Section 482 CrPC) should do so within a reasonable period, preferably within 90 days, from the date of the impugned order to ensure their petition is considered on merits.