Uttarakhand High Court Seeks Clarity on BNSS Impact on State’s Anticipatory Bail Limits

The Uttarakhand High Court has referred to a larger Bench the question of whether Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, overrides the State amendment to Section 438 of the Criminal Procedure Code, which restricts anticipatory bail in serious offences under laws like POCSO, NDPS and UAPA.

Justice Alok Kumar Verma noted that since BNSS repeals the CrPC and the State hasn’t reenacted such restrictions, the matter needs clarity.

Citing conflicting rulings, including a contrary view by a coordinate Bench, the Court sought an authoritative decision. 

The reference aligns with similar reasoning by the Allahabad High Court.

[Harish Kumar Prajapati v Central Bureau of Investigation]