
Praveen Kumar
June 13, 2025 at 07:03 AM
*Sudhir @Sudhir Kumar Chaurasiya V. State of U.P. (2025 All HC)*
_The beginning of chaos_: Keep following the issue involved in this case.
1. In 2019, the State of UP inserted S.438(6) in CrPC providing that the Anticipatory Bail will not be applicable in the NDPS offences.
2. Now, the CrPC is repealed by the BNSS,2023 by the Parliament wef 01.07.2024. The new provision corresponding to S.438 CrPC is S.482 BNSS. However, there is no provision similar to S.438(6) CrPC. So, the Applicant contends that now, the provision of Anticipatory Bail applies to NDPS Offences also in state of UP.
3. Issue is: *What is the effect of repeal of CrPC?*- whether with the repeal of CrPC, the State Amendments to CrPC also got repealed? Or the State Amendments are saved by S.531(2)(b) of the BNSS?
4. Referring to the proviso to Article 254(2) and S.6 General Clauses Act, the Allahbad HC has held that *_with the repeal of CrPC, the State Amendments to the CrPC also stands repealed_*.
P.S. I believe there will be more judgments on this issue from other HCs and then it will be finally setteld by the SC. Till then, this is a good judgment.
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