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UP to get Ordinance to prevent anticipatory bail in crime against women, children

The draft of the Indian Civil Defense Code (Uttar Pradesh Amendment) Ordinance 2024 was approved in the Cabinet on Tuesday.

UP to get Ordinance to prevent anticipatory bail in crime against women, children

UP CM Yogi Adityanath (photo SNS)

The Uttar Pradesh government has made provision that those who commit crimes against women and children in the state will not be able to get anticipatory bail.

In view of the provisions of anticipatory bail in the new criminal laws of the Central Government, the State Government has brought an amendment ordinance.

The draft of the Indian Civil Defense Code (Uttar Pradesh Amendment) Ordinance 2024 was approved in the Cabinet on Tuesday.

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Now after the consent of the Governor, the Home Department will issue its notification.

Finance Minister Suresh Khanna said that provisions have been made in the Indian Security Code 2023 to grant anticipatory bail to a person, who is suspected of arrest. It is necessary to amend it in view of the specific circumstances of UP.

“The state government has brought an ordinance for this. In this, a provision has been made that there will be no anticipatory bail due to the state government’s policy of zero tolerance towards crimes against women and children. This will create unwavering faith in the minds of women and children towards the authority of the state and law,” the minister clarified.

The government said that due to non-availability of anticipatory bail, sexual crimes can be investigated and biological and scientific evidence can be collected quickly. Apart from this, the possibility of fear, pressure, etc., of the victim can also be resolved.

Under this new Ordinance, cases of POCSO Act, Sections 64, 65, 66, 68, 69, 70 and 71 related to rape have also been included.

Besides, anti-national or government activities (UAPA Act), illegal conversion, drug trafficking, organized crime, Official Secrets Act are also included in the new ordinance.

The accused in these cases will also not be able to get anticipatory bail. Apart from this, anticipatory bail will not be available in cases in which death penalty may be awarded, the minister said.

Anticipatory bail will not be available even under these laws as per the new Ordinance:

– Unlawful Activities (Prevention) Act

– Narcotic Drugs and Psychotropic Substances Act

– Official Secrets Act

– UP Gangs and Anti-Social Activities (Prevention) Act

– Uttar Pradesh Prohibition of Unlawful Religious Conversion Act

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