The judge informed the attorneys in his courtroom that he is not proficient in Hindi, making it challenging for him to correctly pronounce the new names of criminal laws [the Bharatiya Nyaya Sanhita(BNSS), the Bharatiya Sakshya Adhiniyam(BSS) and the Bharatiya Nagarik Suraksha Sanhita(BNSSS)].
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Madurai: Justice N. Anand Venkatesh of the Madras High Court has expressed his intention to continue using the original English names of major legal codes, even after their replacement with new laws named in Hindi.
During a court session, Justice Venkatesh addressed the lawyers present, stating,
“I will refer to IPC only as IPC, because I don’t know that language (Hindi).”
This remark came amidst discussions in a case where he sought assistance from Bar members on a legal question concerning the limitation period under Section 468 of the Code of Criminal Procedure (Cr.P.C.).
The session saw active participation from Madras Bar Association (MBA) secretary S. Thiruvengadam, advocate Mohamed Riyaz, and Additional Public Prosecutor (APP) A. Damodaran, among others. They contributed by referencing Supreme Court judgments and discussing various amendments to the Cr.P.C.
An interesting moment occurred when the APP attempted to mention a provision in the Bharatiya Nagarik Suraksha Sanhita, 2023, slated to replace the Cr.P.C. The APP, struggling to pronounce the Hindi name, led Justice Venkatesh to humorously note,
“So, Damodaran has cleverly chosen to simply refer to it as new Act,”
eliciting laughter in the courtroom. Justice Venkatesh then reiterated his decision to stick with the original English names for the three basic criminal laws, citing his unfamiliarity with Hindi.
This development comes as the Indian Parliament recently decided to replace not only the Cr.P.C. but also the Indian Penal Code (IPC) and the Indian Evidence Act with the Bharatiya Nyaya Sanhita, 2023, and the Bharatiya Sakshya, 2023, respectively. These new criminal laws, which have received the President’s assent, are expected to be implemented this year.
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Justice Venkatesh’s stance underscores the linguistic diversity and challenges within India’s legal system, highlighting the importance of accessibility and familiarity in legal proceedings. His commitment to using the original English names of these laws reflects a practical approach to ensuring clarity and understanding in the courtroom.
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