The Curious Case of CrPC and BNSS: Unpacking the Hierarchy of Laws in India

A Deep Dive into the Ranks of Codified and Customary Laws

In the labyrinthine world of Indian law, two distinct hierarchies often find themselves at odds – the Code of Criminal Procedure (CrPC), 1973, and the Bengal Non-Official Estates Acquisition andTenancy Act (BNSS), 1950. While the CrPC is a codified law, BNSS falls under the realm of customary law. This dichotomy raises crucial questions about the legitimacy and applicability of these two systems of law in contemporary India.

CrPC vs. BNSS: A Tale of Two Laws

• The CrPC, a comprehensive code enacted in 1973, governs the procedural aspects of criminal law in India.
• On the other hand, BNSS, enacted in 1950, deals with the acquisition and tenancy of non-official estates in Bengal.
• While CrPC is a codified law, BNSS is rooted in customary law, with its provisions influenced by the Bengal Estates Acquirement and Regulation Act, 1859.
• The hierarchy of laws in India is governed by Article 13(1) of the Constitution, which states that laws inconsistent with the fundamental rights enshrined in Part III cannot be enforced.

The juxtaposition of these two laws raises critical questions about the relationship between codified and customary laws in India. In the landmark case of Mohd. Hanif Quareshi v. State of Bihar (1958), the Supreme Court of India held that a customary law cannot override a statutory law if the latter is inconsistent with the former. This judgment highlights the primacy of codified laws like CrPC over customary laws like BNSS. However, the story does not end there. In the case of Vellaiyappan v. The State (1958), the Madras High Court recognized the validity of a customary law that was not inconsistent with the statutory law. This ruling underscores the need for a nuanced approach to the hierarchy of laws in India.

Why this Matters Today

In today's complex legal landscape, the dichotomy between CrPC and BNSS serves as a reminder of the ongoing struggle between codified and customary laws in India. As we navigate the intricacies of modern Indian law, it is essential to acknowledge the historical context and evolution of these laws. By understanding the interplay between CrPC and BNSS, we can better appreciate the nuances of Indian jurisprudence and the ongoing quest for justice in our country.