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Synopsis

The Uttar Pradesh Government, aiming to enhance security measures for women and children, has introduced a provision disallowing anticipatory bail for individuals accused of crimes against them.

The state government has introduced an amendment ordinance in light of anticipatory bail provisions under the central government's newly enacted and soon to be implemented criminal laws, namely the Bharatiya Nagarik Suraksha (Second) Sanhita, 2023. The Cabinet approved the promulgation of the Bharatiya Nagarik Suraksha Sanhita (Uttar Pradesh Amendments) Ordinance. This ordinance seeks to amend provisions related to anticipatory bail under Section 482, dealing with the exercise of inherent powers by the high court, taking into account specific circumstances in Uttar Pradesh.

Under the amended provisions, offences under the Protection of Children from Sexual Offences (POCSO) Act, 2012, and relevant sections of the Indian Penal Code concerning rape will be exempted from anticipatory bail. Additionally, the ordinance also includes provisions for activities against the nation or government. It covers legislations such as the Unlawful Activities (Prevention) Act, 1967; Narcotics Drugs & Psychotropic Substance Act, 1985; Official Secrets Act, 1923; UP Gangsters and Anti-social Activities (Prevention) Act, 1986; and UP Prohibition of Unlawful Conversion of Religion Act, 2021 under its ambit of laws wherein anticipatory bail will be disallowed.

The new provisions aim to expedite investigations into sexual offences, facilitating the prompt gathering of biological and scientific evidence. They also seek to alleviate potential fears and pressures faced by victims.

During a cabinet session recently, the draft of the Indian Civil Defence Code (Uttar Pradesh Amendment) Ordinance 2024 was approved, paving the way for its enactment pending the governor's consent. Following this approval, the Home Department will issue a formal notification.

State’s Finance Minister Suresh Khanna clarified that while the Indian Security Code 2023 permits anticipatory bail for those anticipating arrest, modifications were necessary considering Uttar Pradesh's unique circumstances. "The state government has enacted this ordinance, stipulating a policy of zero tolerance towards crimes targeting women and children, thereby fostering unwavering faith in the state's authority and legal system,” he said.

During deliberations, the Cabinet also discussed the exclusion of Section 482 in cases where the potential punishment includes the death penalty.

 

First published here