The Allahabad High Court recently ruled that the Criminal Procedure Code (Uttar Pradesh Amendment) Act, 2018—enacted as U.P. Act No. 4 of 2019—has been impliedly repealed after the introduction of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.
"The subsequent law made by the Parliament, though not expressly repealing the State law, will still imply the repeal by virtue of Article 254 of the Constitution," the Court observed.
This significant decision came in the anticipatory bail case of Raman Sahni, who was booked under Sections 2 and 3 of the UP Gangsters Act. The applicant moved directly to the High Court citing exceptional circumstances, including multiple FIRs lodged against him by a rival with alleged political influence and threats to his life.
The State opposed the application on two grounds:
- That it was not maintainable directly before the High Court.
- That under Section 6(a)(b) of the 2018 UP Amendment Act, anticipatory bail is barred in Gangster Act cases.
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However, Justice Shree Prakash Singh dismissed both objections.
The Court relied on the Ankit Bharti case (2020) to allow the anticipatory bail application. It held that while applicants are generally expected to approach the Sessions Court first, special circumstances allow direct applications to the High Court.
“There is no absolute bar to filing an anticipatory bail directly in the High Court,” the Bench clarified.
Given the factual threats and the petitioner’s claim of systemic bias, the Court found the direct approach justified.
Implied Repeal of State Amendment
The key legal issue was whether the UP State Amendment restricting anticipatory bail under certain offences (like Gangsters Act) remained valid after BNSS 2023 replaced CrPC 1973. The Court held that:
- Section 438 of CrPC 1973 (amended by UP in 2018) was replaced by Section 482 in BNSS 2023.
- Section 482 is a new provision with broader discretion and different procedural structure.
- The State amendment is not mentioned in BNSS’s saving clauses (Section 531), which would otherwise preserve certain repealed provisions.
- Thus, by applying the proviso of Article 254(2) of the Constitution, the UP law stands impliedly repealed.
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“It is not just the section number but even the text and intent of the provision for grant of anticipatory bail have been changed,” the Bench stated.
The Court held that BNSS 2023, being a central legislation on a concurrent subject, prevails over any earlier State law—even if that State law had received Presidential assent.
“The UP Amendment Act 2018 is not saved under BNSS 2023 and hence ceases to be effective,” the Court concluded.
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The Court extended interim protection to the applicant and posted the matter for further hearing in July 2025.
Quote Highlights:
“The State Law will be impliedly repealed and shall give way to any subsequent Parliament law in respect with the same matter.” – Justice Shree Prakash Singh
“The discretion wisely left unfettered by the Legislature must be exercised on facts and circumstances of each particular case.” – Ankit Bharti case cited by the Court
Case Title: Raman Sahni vs. State Of U.P. Addl. Chief Secy. Deptt. Of Home Lko (2025:AHC-LKO:33260)
Appearances:
Petitioner: Advocates Sushil Kumar Singh, Ayush Singh
Respondent: Government Advocates and Sriniwas Bajpai (for complainant)
