Does S. 482 BNSS Override State's Anticipatory Bail Restrictions Under Section 438 CrPC? Issue Referred to Larger Bench: Uttarakhand High Court

The Uttarakhand High Court, in a significant judgment, has referred to a larger bench the legal question involving the applicability of Section 482, Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) over the Uttarakhand State Amendment to Section 438, Code of Criminal Procedure, 1973 (CrPC). The issue revolves around whether the more liberal anticipatory bail provisions under the new BNSS can override the earlier state-imposed restrictions in serious offences, including those under…