Anticipatory bail provision revived in Uttar Pradesh after 3 decadeshttps://indianexpress.com/article/india/anticipatory-bail-provision-revived-in-uttar-pradesh-after-3-decades-5777884/

Anticipatory bail provision revived in Uttar Pradesh after 3 decades

Section 438 of CrPC, 1973, which grants bail to a person apprehending arrest on a non-bailable offence, will now again be applicable.

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The section was removed in CrPC (Uttar Pradesh Amendment) Bill, 1976, in the Emergency period. Officials said there were frequent demands to bring it back.

THE PROVISION of anticipatory bail has been again made applicable in Uttar Pradesh following an approval by President Ram Nath Kovind to the CrPC (Uttar Pradesh Amendment) Bill 2018, which was earlier passed in the Assembly.

Section 438 of CrPC, 1973, which grants bail to a person apprehending arrest on a non-bailable offence, will now again be applicable. The section was removed in CrPC (Uttar Pradesh Amendment) Bill, 1976, in the Emergency period. Officials said there were frequent demands to bring it back.

Under the provision, when any person has a reason to believe that he/she may be arrested on an accusation of having committed a non-bailable offence, he may apply to the High Court or the sessions court for a direction under this section. If the court deems fit, it may direct that in the event of such arrest, the person shall be released on bail.

“The Code of Criminal Procedure (Uttar Pradesh Amendment) Bill, 2018, was passed in the UP legislative assembly and went for the approval of honourable president, who approved the amendment Bill on June 1 this year. The given amendment Bill has been published in the Uttar Pradesh extraordinary gazette on June 6 by the legal department. The law would be applicable from June 6 in Uttar Pradesh,” said a statement released by the state government.

“There was continous demand to revive the provision. Writ petitions were filed in honourable courts to revive this and the UP state law commission recommended the same in its third report, 2009. A committee headed by UP principal secretary (home department) was formed to discuss revival of the provision. After discussions on the recommendations made by the committee, it was decided that there should be amendment in the Code of Criminal Procedure, 1973,” it added.