i. There is no necessity to bring in any amendment to the Criminal Rules of Practice, 2019, as of now.
The Criminal Rules of Practice, 1958 was saved by Section 484(2)(b) of CrPC 1973. Since it was outdated, the Madras High Court thought it fit to put in place new rules by incorporating the directions that were issued by the superior courts from time to time and also from the experience gained over a period of time.
Section 531(2)(b) of the BNSS is in pari materia with Section 484(2)(b) of CrPC, 1973. By virtue of Section 531(2)(b) of the BNSS, the Criminal Rules of Practice, 2019 would be deemed to have been made under the corresponding provision of the new law. Section 523 of the BNSS is almost in pari materia with Section 477 of CrPC, except clause (d) of sub-section(1) of Section 523 in which the power of the High Court to frame rules appears to be controlled by the words “provided by rules made by the State Government”.
In other words, the High Court can frame rules only in respect of matters provided by rules made by the State government. This appears to violate the principle of separation of the judiciary from the executive laid down in Article 50 of the Constitution of India.
In fine, it is not necessary to amend the Criminal Rules of Practice, 2019, for the present and after gaining experience in the working of the BNSS, necessary amendments can be made from time to time under Article 227 of the Constitution of India.
Source: Barandbench
