In Uttar Pradesh, people accused of serious crimes against women and children, including rape will not get anticipatory bail, according to a bill introduced by the Yogi Adityanath-led government on Friday.
The Code of Criminal Procedure (Uttar Pradesh Amendment) Bill 2022, passed in the state assembly ensures that any accused in cases pertaining to violence against women, including rape and sexual assaults and the Protection of Children from Sexual Offences (POCSO) Act will not get anticipatory bail.
The bill was introduced in the state assembly on Thursday, and passed a day later. The bill now has to be passed by the Uttar Pradesh Legislative Council.
It proposes to amend section 438 of CrPC, 1973 of the state, that defines power of the High Court or Court of Session to grant anticipatory bail.
Parliamentary Affairs Minister Suresh Kumar Khanna told the House that that the non-availability of anticipatory bail in sexual offenses against girls and women would reduce the chances of the accused destroying evidence.
Apart from this, the period for filing the claim petition has been increased from three months to three years, Khanna added.
There is also a provision that the tribunal will have the right to give a minimum of Rs 5 lakh in case of death and Rs 1 lakh in case of permanent disability resulting from the crime. However, the tribunal can take a decision on sanctioning the higher amount.
In a statement, the state government has claimed that by adopting a policy of zero tolerance towards crimes against women and girls, there is ensuring speedy collection of biological evidence in sexual offenses and preventing erasure of biological evidence.
Necessary amendments to minimize the possibility of destroying the evidence, creating fear among the accused or coercing the victim or the witness are also being taken.
Meanwhile, the Yogi government has also passed the Uttar Pradesh Public and Private Property Damage Recovery Amendment Bill 2022.
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