Chambers of Ishaan Garg
Ch. No. 217, Western Wing, District & Sessions Court, Tis Hazari, New Delhi, Delhi 110054
+91 8851742417, +91 8800386163
Upon applicability of aforesaid judgments, it is evident that by virtue of Section 6 of the General Clauses Act, a different intention to continue the repealed provisions is required to be specifically stated in the subsequent enactment, failing which, the provisions of proviso to Article 254(2) would be applicable whereby in case of any repugnance or difference with subsequent enactment, the law made by Parliament would prevail. {Para 47}
48. Upon applicability of aforesaid judgments, it is thus evident as has been observed herein above that there is no specific intention indicated in the subsequent enactment of BNSS 2023 to continue with the State amendment made by means of Act No.4 of 2019 and even in terms of proviso to Article 254(2) of the Constitution of Idia, there being a considerable difference in the provisions of anticipatory bail between Act No.4 of 2019 and Section 482 BNSS 2023, in the considered opinion of this court, it is the provisions of re-enacted Section 482 BNSS 2023, which shall prevail.
49. From perusal of differences in provisions of anticipatory bailincorporated vide Act No. 4 of 2019 and Section 482 BNSS 2023, it is evident that Parliament made a conscious decision to do away with the prohibitions indicated in Section 438(6) Cr.P.C. particularly since it would be deemed that Parliament was aware of provisions incorporated vide Act No.4 of 2019 by virtue of deeming fiction and therefore the re-enacted provisions can be said to have been deliberately obliterated by Parliament while enacting Section 482 BNSS 2023.
ALLAHABAD HIGH COURT
CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S
438 CR.P.C. No. - 447 of 2025
Sudhir @ Sudhir Kumar Chaurasia Vs State Of U.P. Thru. The Prin. Secy. Ministry Of Home And 3 Others
Hon'ble Manish Mathur,J.
Neutral Citation No. - 2025:AHC-LKO:34988
