UP government approves legislation prohibiting anticipatory bail to accused in crime against women and children

The amendment bill is being introduced in conformity with the state's zero tolerance policy for crimes against women and children

On Thursday, the Uttar Pradesh government led by CM Yogi Adityanath adopted zero tolerance toward crime against women and children. The government passed the Code of Criminal Procedure (Amendment) Bill 2022, which bars anticipatory bail for persons convicted of crimes against women and children.

The Bill, which abolished anticipatory bail for people convicted of heinous crimes against women, was introduced in the Uttar Pradesh Assembly at the request of CM Yogi Adityanath. The bill allows for amendments to the CrPC’s provisions.

According to reports, the bill will be amended to add a provision banning anticipatory bail for people charged with grave crimes against women such as rape, gang rape, and sexual misconduct. Suspects apprehended under the POCSO Act will not be granted bail either.

The amendment bill seeks to alter the POCSO Act and Section 438 of the Code of Criminal Procedure. This implies that if a person is arrested for a serious crime against a woman, they will not be eligible for anticipatory release. According to the UP administration, the amendment bill is being introduced in conformity with the state’s zero-tolerance policy for crimes against women and children.

“In pursuance of zero-tolerance policy towards crimes against women and children, to ensure prompt collection of evidence in sexual offences, to prevent such evidence from being annihilated, to minimize the possibility of destruction of evidence, and to restrain the accused from causing fear and coercion to the victim /witnesses, it has been decided to amend the section 438 of Code of Criminal Procedure 1973″, the bill read.

The reform might be a turning point in eliminating coercion of witnesses and victims as well as suspected manipulation of evidence.

OpIndia Staff: Staff reporter at OpIndia