No anticipatory bail in case of sexual assault, Yogi Adityanath-led BJP govt proposes amendment

Lucknow: Offenders accused of serious crimes, including sexual harassments of children and women, will no longer get anticipatory bail from the courts in Uttar Pradesh.

Yogi Adityanath led Bharatiya Janata Party (BJP) government in the state has taken an initiative in this direction by tabling a bill in the state assembly on Thursday to amend the existing law on the fourth day of the monsoon session.

As per the proposed amendment other than crimes related to sexual assault, cases related to Gangster Act, Narcotic Drugs and Psychotropic Substances (NDPS) Act, Officials Secrets Act and those having provision of capital punishment, the accused will not be able to get anticipatory bail as an interim relief from the courts.

For this Chief Minister Yogi Adityanath tabled a bill in the lower house proposing to amend section 438 of the Code of Criminal Procedure (CrPC) 1973 with the request to pass. As the Home Minister of the state, Yogi introduced the proposal of 'Code of Criminal Procedure (UP Amendment) Act 2022' in the Legislative Assembly.

According to the proposal, the purpose of this amendment is to amend section 438 of the CrPC with respect to the provision of anticipatory bail on order to prevent those, who commit crimes related to sexual assault against women and children, from getting anticipatory bail. It has been done in order to prevent the accused of such crimes from tampering or destroying evidence or intimidating the victims.

In the objective of the proposal, it has been stated that in pursuance with the 'zero tolerance' policy against crime against women, girls and children, it has been decided to amend section 438 of the CrPC to collect organic evidence, to prevent evidence from getting destroyed and to prevent the accused from intimidating the victim or the eyewitnesses.

The amendment if made will also be applicable to Protection of Children from Sexual Offences (POCSO) Act, 2012 and all sections of rape. (UNI)