CrPC or BNSS: Which One to Follow?

In the vast and complex realm of Indian law, there lies a peculiar myth that continues to confuse the minds of law students and young advocates alike. It's the age-old debate between the Code of Criminal Procedure (CrPC) and the Borde-Nanavati Standard (BNSS) - which one takes precedence, and when do they clash? Let's dive into the world of CrPC and BNSS to separate fact from fiction.

The CrPC Myth: A Code of Unwritten Rules

Many students believe that CrPC is a set of rigid rules that governs every criminal procedure in India. However, this is not entirely true. While the CrPC provides a framework for criminal procedures, it is not a one-size-fits-all solution. The Code is often amended and updated to accommodate changing societal norms and legal requirements.

"It is a settled principle of law that the Code of Criminal Procedure is a procedural legislation, and it is intended to be flexible and not rigid." - State v. Pappu (2005) 6 SCC 527

The BNSS Myth: A Standard that Never Was

The BNSS, which stands for the Borde-Nanavati Standard, is a concept that emerged from the landmark case of Borde v. State of Maharashtra (1976) 3 SCC 757. In this case, the Supreme Court laid down a test to determine whether a confession made by an accused person was voluntary or not. However, the BNSS has often been misunderstood as a rigid standard that must be followed in every case. In reality, the BNSS is merely a guideline that helps courts determine the voluntariness of a confession.

So, What's the Real Deal?

Here are the key points to remember:

• The CrPC is a procedural legislation that provides a framework for criminal procedures in India.
• The CrPC is not a set of rigid rules, but a flexible code that can be amended and updated as needed.
• The BNSS is a guideline laid down by the Supreme Court in Borde v. State of Maharashtra to determine the voluntariness of a confession.
• The BNSS is not a rigid standard that must be followed in every case.

In conclusion, the debate between CrPC and BNSS is often a case of myth versus reality. While the CrPC provides a framework for criminal procedures, it is not a set of rigid rules. The BNSS, on the other hand, is a guideline that helps courts determine the voluntariness of a confession. As the Supreme Court aptly put it, "The Code of Criminal Procedure is a procedural legislation, and it is intended to be flexible and not rigid." - State v. Pappu (2005) 6 SCC 527