Bharatiya Nagarik Suraksha Sanhita, 2023
Section 523
Power of High Court to make rules
(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.
Why this exists
In many district courts, especially where litigants cannot afford lawyers, 'petition-writers' traditionally help draft simple applications and petitions. This section lets High Courts regulate that profession — licensing who can do this work, what they can charge, and how misconduct is punished — to protect illiterate or vulnerable litigants from exploitation while preserving access to affordable help with court paperwork. It continues a provision that existed under the earlier Code of Criminal Procedure, 1973 (as section 476).
Common misconceptions
- Myth: Petition-writers are the same as lawyers.
Fact: Petition-writers are a separate, licensed category who typically just help draft simple documents; they do not represent clients as advocates in court.