3 min readLucknowJun 30, 2024 12:44 PM IST
First published on: Jun 26, 2024 at 06:21 AM IST
With less than a week before the implementation of new criminal laws — Bharatiya Nyaya (Second) Sanhita, 2023 (the new IPC); Bharatiya Nagarik Suraksha (Second) Sanhita, 2023 (the new CrPC); and Bharatiya Sakshya (Second) Act, 2023 (the new Evidence Act) — in the country, the Uttar Pradesh Cabinet on Tuesday approved the proposal to bring an ordinance to make some exceptions in the anticipatory bail provisions.
The Cabinet also gave its nod to promulgate UP Criminal Law Amendment Ordinance, 2024, to bring amendments in the state laws, including the UP Gangsters and Anti-social activities (Prevention) Act, 1986; the UP Control of Goondas Act, 1970; the UP Recovery of Damages to Public and Private Property Act, 2020; the UP Dacoity Affected Areas Act, 1983; the UP Special Security Force Act, 2020; and UP Prohibition of Unlawful Conversion of Religion Act, 2021.
With the Centre replacing the CrPC, 1973, from July 1 with Bharatiya Nagarik Suraksha Sanhita, the UP government has decided to promulgate the Bharatiya Nagrik Suraksha Sanhita (Uttar Pradesh Amendments) Ordinance to amend provisions on seeking anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha (Second) Sanhita, 2023.
According to an official of the state government, the amendments are necessary in Section 482 given the “special circumstances” in Uttar Pradesh. “Amendments have been necessitated because of the UP government’s zero-tolerance policy towards crime and criminals, especially crimes against women and children. Anticipatory bail sought by the accused in sexual assault cases causes obstacles in collecting evidence and completing the investigation. Therefore, the amendments in the Ordinance would help in dealing with the issues of fear in the victims and pressure on them from the accused,” said an official.
Notably, offences under POCSO Act,2012, and Bharatiya Nyaya Sanhita sections related to rape are included as exceptions under the provisions in Section 482 (related to the anticipatory bail) in Bharatiya Nagrik Suraksha Sanhita. “The UP government has been scheduling offences under some Acts as exceptions in anticipatory bail. These laws are the Unlawful Activities (Prevention) Act, 1967 (Act number 37); the Narcotics Drugs & Psychotropic Substance Act, 1985 (Act number 61); Official Secrets Act, 1923 (Act number 19); the UP Gangsters and Anti-social activities (prevention) Act, 1986 (Act number 7); and the UP Prohibition of Unlawful Conversion of Religion Act, 2021 (UP Act number 3),” a spokesperson of the UP government said. “In the Cabinet meeting, it was also discussed that provisions should be made that Section 482 should not be applied in crimes where punishment ranges up to capital punishment,” the official added.
Offences under POCSO Act,2012, and Bharatiya Nyaya Sanhita sections related to rape are included as exceptions under the provisions in Section 482 (related to the anticipatory bail) in Bharatiya Nagrik Suraksha Sanhita (Representational Image) 
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