Anticipatory Bill cancelled for Rape accused in Uttar Pradesh; Yogi Govt Approves Amendment Bill

The Code of Criminal Procedure (Uttar Pradesh Amendment Bill) 2022 has been passed in the state assembly. It states that any accused in cases related to violence against women, including sexual assaults and rape; as well as those accused under Protection of Children from Sexual Offences (POSCO) will not get the anticipatory bill. It was introduced in the State Assembly on Thursday and passed on Friday. It has to be passed by the Uttar Pradesh Legislative Council now.

The bill demands to amend Section 438 of CrPC, 1973 of the State, which states the power of the Court of Session or High Court to grant the anticipatory bill.

According to Suresh Kumar Khanna, Parliamentary Affairs Minister, making the anticipatory bill non-available to accused of sexual offences against women and girls will prevent the accused from destroying evidence.

Also, the filing period for claim petition has been increased to three years, which earlier used to be three months.

Another provision has been added, according to which the tribunal will possess the right to give minimum 1 lakh rupees in case of permanent disability and 5 lakh rupees in case of death in the crime. The tribunal can also take the decision of sanctioning a higher amount of money.

The state government  claims that the adoption of a zero tolerance policy towards crime against girls and women will ensure speedy collection of biological evidence in such crimes.