U.P. Bill to restore anticipatory bail clause referred to President

U.P. Bill to restore anticipatory bail clause referred to President

News

Uttar Pradesh Governor has referred a bill to restore anticipatory bail clause for presidential assent.

Important Facts

2.   Provision of Anticipatory Bail was repealed in UP during 1976 emergency.
3.   Uttar Pradesh and Uttarakhand are the only two states in India with no Anticipatory Bail provision.
4.  About Anticipatory  bail

•  A provision under section 438 of Criminal procedure code.
• A person can seek bail in expectation o being named or accused for a non-bailable offence.
• Safeguard against false accusation.
• Person must approach court citing section 438 of CrPC to get bail.

Anticipatory Bail in UP: A Timeline

• 1976: Revoked during emergency by then UP CM to rein in protest against the government.
• 2009: State law commission made a recommendation for reintroduction of a modified bill.
• 2010: Passed by assembly and sent for president’s assent; Put on hold by centre.

All about the Amendment Bill

4. Name of the Amendment Bill: Code of Criminal Procedure (Uttar Pradesh Amendment) Bill, 2018.

5. Salient Features

Unlike the Section 438 of CrPC which gave court discretion to impose certain condition for granting bail this amendment bill has made certain riders mandatory which includes:

• Accused should be present for interrogation whenever required by police.
• Accused cannot threaten anyone involved with the case and cannot leave country.
• Not necessary for the accused to be present for court hearing.
• There will be no Anticipatory Bail in cases where punishment is death sentence and also cases under gangster’s act.
• Court will have to decide on Anticipatory Bail within 30 days of filling of such application.

6. Since this bill proposes amendments for the state in Section 438 of CrPC it was mandatory to be sent to president for his assent.