The court rules that the reference to CrPC in UAPA should be construed as a reference to BNSS, maintaining extended detention under anti-terror laws.
In a significant judgment, the Delhi High Court has upheld the extension of detention for Jasir Bilal Wani, also known as Danish, under the Unlawful Activities (Prevention) Act (UAPA), 1967, denying his plea for default bail. The court's decision hinges on interpreting the interplay between the Code of Criminal Procedure (CrPC), 1973, and the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.
The appeal, filed by Wani, challenged the orders of the Principal District & Sessions Judge, New Delhi, which had extended his custody beyond the statutory 90 days up to 180 days, and subsequently denied his default bail application. Wani was arrested by the National Investigation Agency (NIA) in connection with a bombing incident at the Lal Qila Metro Station in November 2025.
Central to the case was whether the enactment of BNSS, which repealed CrPC, altered the detention timelines under UAPA. The court, presided by Justices Ms. Prathiba M. Singh and Vikas Mahajan, clarified that references to CrPC in UAPA should now be interpreted as references to BNSS due to Section 8(1) of the General Clauses Act, 1897. This interpretation ensures that the first proviso of Section 43D(2)(b) of UAPA, allowing detention up to 180 days, remains applicable.
The bench highlighted the legislative intent behind extending detention periods under UAPA, emphasizing the severe nature of offenses such as terrorism. The court also noted that Wani's failure to promptly challenge the initial extension orders resulted in the loss of his right to default bail.
The judgment further addressed procedural issues, ruling that the Public Prosecutor's report, which supports detention extensions, is not required to be shared with the accused, aligning with established legal precedents.
This decision reinforces the legal framework supporting extended detention in cases of serious offenses under UAPA, maintaining the legislative balance between individual rights and national security.
Bottom Line :
Unlawful Activities (Prevention) Act, 1967 (UAPA) - The first proviso to Section 43D(2)(b) of the UAPA extending the period of detention from 90 days to 180 days continues to apply even after the enactment of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), as Section 167 of the Cr.P.C. is to be construed as Section 187 of the BNSS by virtue of Section 8(1) of the General Clauses Act, 1897.
Statutory provision(s):
Unlawful Activities (Prevention) Act, 1967 Section 43D(2)(b), General Clauses Act, 1897 Section 8(1), Code of Criminal Procedure, 1973 Section 167, Bharatiya Nagarik Suraksha Sanhita, 2023 Section 187
