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Rule of Interpretation of BNS, BNSS and BSS 2023

Rule of Interpretation of BNS, BNSS and BSS 2023:
  1. 5J Constitution Bench Judgment - Bengal Immunity Company Ltd. vs State of Bihar AIR 1955 SC 661 - It is a well-settled rule of construction that when a statute is repealed and re-enacted and words in the repealed statute are reproduced in the new statute, they should be interpreted in the sense which had been judicially put to them under the repealed Act, because the Legislature is presumed to be acquainted with the construction which the Courts have put upon the words, and when they repeat the same words, they must be taken to have accepted the interpretation put on them by the courts as correctly reflecting the legislative mind.
  2. Thus except for changes which are made in these 2023 acts [reconstituted law], words have to be interpreted in the same manner as they have been judicially interpreted for the repealed law.
Two Set of Questions Emerge:
  1. The Title Clause and words used therein show application of logic & mind. Word 'Naagarik'means Citizen & 'Suraksha'means 'protection'. While BNSS is 'criminal procedure'. Does such intent or procedure appear in the BNSS? Isn't a clarification required?
  2. Notwithstanding brandishing repealed laws as colonial; there are several theories as to percentage of changes made in the 2023 Acts while retaining the repealed laws.
    • Whatever be the percentage of retention the question is:
      1. what percentage of present act is still colonial?
      2. was the judiciary being colonial for last over 74 Years?
      3. given the above Rule of Interpretation, how will the same words and phrases used in 2023 acts, which were part of repealed laws, still continue to be colonial?
      4. (d) Is it worth the cost of legislating, making changes in procedure and spending Billions of taxpayers' rupees in legislating training and putting everyone in the system from police  judiciary advocates to unnecessary 'labour'?
      5. is it constitutionally "reasonable"?
  3. Leave it to the Esteemed readers to ponder upon each of the questions in permutation and combinations above, and many more questions that may come to Their mind.

Award Winning Article Is Written By: Mr.Sandeep Namdev Kapatkar
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Authentication No: MY415041060048-29-0524

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