No Anticipatory Bail for Grave Offenses Including Rape in UP: Cabinet Approves Ordinance

Uttar Pradesh has enacted an ordinance disallowing anticipatory bail for serious crimes such as rape, reflecting a stricter stance on law enforcement. The amendment under “Bhartiya Nagrik Suraksha Sanhita (Uttar Pradesh Amendment), Ordinance 2024” aims to enhance zero-tolerance policies against grave offenses.

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No Anticipatory Bail for Grave Offenses Including Rape in UP: Cabinet Approves Ordinance
No Anticipatory Bail for Grave Offenses Including Rape in UP: Cabinet Approves Ordinance

UTTAR PRADESH: To enhance its zero-tolerance policy towards crime, the Uttar Pradesh cabinet has approved a new ordinance that will disallow anticipatory bail for individuals accused of certain grave offenses, including rape. This ordinance marks a significant shift in the state’s approach to handling severe crimes, particularly those involving sexual offenses and crimes punishable by the death penalty.

The ordinance, officially titled “Bhartiya Nagrik Suraksha Sanhita (Uttar Pradesh Amendment), Ordinance 2024,” modifies provisions under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023. Previously, the provision allowed for anticipatory bail, but under the new ordinance, this will no longer be the case for specific severe crimes.

“This measure reflects the state’s firm stance on crime and its commitment to a zero-tolerance policy towards offenders.”

-officials stated, emphasizing the government’s strict stance on these matters.

One of the most critical aspects of the new ordinance is its focus on cases involving the rape of a girl under 12 years and gang rape.

“Anticipatory bail will not be granted in such cases.”

– officials confirmed.

This aims to ensure that individuals accused of such heinous crimes cannot evade arrest or influence key evidence, thereby maintaining the integrity of the legal process.

The amendment encompasses a wide range of serious offenses, including those under the Protection of Children from Sexual Offences (POCSO) Act, the Narcotic Drugs and Psychotropic Substances (NDPS) Act, the Official Secrets Act, and the Uttar Pradesh Prevention of Anti-Social Activities Act. Additional offenses covered by the ordinance include those under the Uttar Pradesh Illegal Religious Conversion Prohibition Act and other crimes where the death penalty could be imposed.

With these changes, those accused of these crimes will have to surrender in court to avoid arrest, significantly tightening the legal framework.

“This amendment extends the procedural changes initially introduced in the Uttar Pradesh Code of Criminal Procedure Amendment Act, 2018.”

-legal experts noted.

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Joyeeta Roy

LL.M. | B.B.A., LL.B. | LEGAL EDITOR at LAW CHAKRA

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