BNSS Overrides UP CrPC Bar on Anticipatory Bail in Serious Offences: Allahabad High Court

The Allahabad High Court held that the bar on anticipatory bail under Section 438(6) of the CrPC (UP Amendment) no longer applies with the enactment of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. 

Justice Chandra Dhari Singh observed that Section 482 BNSS, which now governs anticipatory bail, omits any such restriction, reflecting Parliament’s intent to liberalize the law. 

The Court allowed anticipatory bail to 78-year-old Abdul Hameed, accused in a 2011 murder case, citing changed legal circumstances, lack of prior charges, and the applicant's health. 

This judgment clarifies BNSS’s overriding effect on prior state amendments.