Supreme Court Quashes U.P. Gangsters Act Proceedings for Failure to Create an Offence

Case Snapshot

• Case Name: Shiv Pratap Singh Alias Chinu v. State of U.P. & Ors. (With Himanshu Srivastava v. State of U.P. & Ors.)

• Citation: 2026 INSC 894

• Bench: Justice J.B. Pardiwala and Justice K. Vinod Chandran

• Date of Judgment: August 20, 2026

• Area of Law: Criminal Law, Constitutional Law, Penal Statutes, Gangsters Act

The Judgment in One Line

Proceedings under U.P. Gangsters Act quashed as the Act defines "gang" and "gangster" but creates no substantive offence.

Why This Judgment Matters

This is a landmark judgment holding that the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, is "stillborn" because it does not create any offence. The Supreme Court held that while the Act defines "gang" and "gangster" and prescribes punishment, it fails to define any act or omission as an offence. The punishment is imposed on the mere "status" of being a gangster, determined through a Gang Chart prepared under the Rules, without legislative creation of a crime. The judgment reaffirms the fundamental principle of criminal jurisprudence—"nullum crimen nulla poena sine lege" (no crime or punishment without law). This will have far-reaching implications for all proceedings under the U.P. Gangsters Act across the state.

Background

Two separate appeals were filed by advocates challenging proceedings under the U.P. Gangsters Act. In the first case, the appellant, a practicing advocate, was involved in a dispute regarding Bar Association elections. The Bar Council of Uttar Pradesh debarred him from practice and directed a complaint to the police. Based on this, an FIR was registered under the U.P. Act, and a Gang Chart was prepared against him. In the second case, another advocate was booked under the Act based

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