LI Network
Published on: November 16, 2023 at 01:11 IST
The Allahabad High Court, in a recent ruling, affirmed that the Criminal Procedure Code (Uttar Pradesh Amendment) Act, 2018, effective from June 6, 2019, reinstates the benefit of anticipatory bail.
Considering it a beneficial legislation, the court declared its applicability even to offenses committed prior to the enactment of the Amendment Act.
The bench, presided over by Justice Subhash Vidyarthi, granted anticipatory bail to a 60-year-old man accused of molestation dating back to 2014.
The Section 438 of the Code of Criminal Procedure 1973, addressing anticipatory bail provisions, was omitted by the Code of Criminal Procedure (Uttar Pradesh Amendment) Act, 1976.
Disagreeing with the Sessions Judge’s stance, Justice Vidyarthi clarified, “…the Criminal Procedure Code (Uttar Pradesh Amendment) Act, 2018 merely restores the benefit of anticipatory bail to persons apprehending arrest.”
The judge emphasized that the Amendment Act’s status as a beneficial legislation prevents restricting its application to offenses committed post its enactment. Thus, it extends to all individuals anticipating arrest after the enactment, even for offenses predating the Amendment Act.
The applicant sought anticipatory bail for charges under Sections 452 and 354 IPC, alleging molestation in 2014. The Sessions Court rejected the application, deeming Section 438 CrPC as prospective, not retrospective.
The court’s decision took into account the State Law Commission’s third report, leading to the 2018 amendment aimed at reviving Section 438 with modifications in Uttar Pradesh.
The court acknowledged the retrospective impact of procedural laws and clarified the applicability of declaratory and curative statutes in the past.
Case Title: Allama Zamir Naqvi Alias Tahir In Fir Zameen Naqvi Alias Tahir State Of U.P. Thru. Prin. Secy. Lko. And Another
