BNSS - "Bureaucratic Nightmare, Strikingly Static", The BNSS-CRPC Conundrum

Mohammed Yasin Shaikh, Shree L.R. Tiwari College of Law

ABSTRACT

This research paper delves into the intricate legal question of whether the Bharatiya Nagarik Suraksha Sanhita (BNSS) and the Code of Criminal Procedure (CrPC) can operate simultaneously within the Indian judicial framework. In the grand theatre of legal reforms, the introduction of the BNSS as a replacement for the CRPC has been met with a mix of skepticism and bemusement. The BNSS, which mirrors its predecessor to the tune of 95%, seems less like a bold step forward and more like a cautious shuffle in place. The most conspicuous change, the adoption of Sanskrit-inspired titles in Hindi, has raised eyebrows and questions alike. It begs the question: is the essence of law lost in translation for those not versed in Hindi, such as the denizens of South India, Bengal, or Punjab? This linguistic leap seems to be a constitutional faux pas, potentially alienating a significant demographic of the nation's populace.

The irony is palpable when an act designed to combat crime seems to flout the very principles it stands to protect. Moreover, the current legal system, already groaning under the weight of inefficiency and sluggishness, now faces the Herculean task of juggling two criminal codes. With ongoing cases before the 1st of July continuing under the CRPC, the legal landscape is set for a period of profound confusion. The CRPC, despite its age and the criticism that comes with it, has been honed over 150 years through the discerning eyes of the Supreme Court, judges, jurists, governments and bureaucrats. It stands as a testament to the evolutionary nature of law, adapting and refining with time.

In stark contrast, the genesis of the BNSS seems to lack the judicial gravitas one would expect from such a significant overhaul. The absence of a collective wisdom from the Chief Justice of India, Supreme Court judges, or jurists in its creation and the apparent bureaucratic orchestration, casts doubt on its foundational integrity. It's an interesting footnote that across the seas, in Britain, there's a belief that the laws they once crafted for India surpass in quality those governing their own land. This sentiment, whether rooted in reality or colonial nostalgia, adds another layer of complexity to the discourse on legal heritage and progress.