Shiv Pratap Singh @ Chinu v. State of U.P.

Criminal Law — Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986 — Sections 2, 3, 7, and 23 — Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Rules, 2021 — Constitution of India, Article 20(1) & Article 21 — Vires of proceedings under the Act — Concept of Crime and Offence — Principle of "nullum crimen nulla poena sine lege" (no crime or punishment without a penal law) — Unconstitutional delegation of essential legislative functions to subordinate rules — Validity of Gang Charts — Whether the U.P. Act of 1986 creates a distinct offense or merely penalizes a pre-determined status.

The Court addressed appeals from individuals, including legal professionals, who were prosecuted based on a "Gang Chart" prepared by police and administrative officials. A central finding of the ruling is that the Act is effectively "stillborn" because it fails to explicitly create or define a specific criminal offense, instead merely prescribing punishments based on a person's status as a "gangster." The justices criticized the legislation for allowing long-term incarceration without trial based on subjective executive decisions rather than established legislative crimes. Consequently, the Court quashed the proceedings against the appellants, emphasizing that penal laws must define prohibited acts to satisfy the constitutional requirements of due process and legality.