Uttar Pradesh Re-Introduces Anticipatory Bail

Uttar Pradesh Re-Introduces Anticipatory Bail After 33 Years

Legislative Corner

The Uttar Pradesh Government by reviving Section 438 of the Code of Criminal Procedure, 1973, has re-introduced anticipatory bail in the State after almost 33 years.

As per the Press Release issued to this effect, the amendment to the Criminal Procedure Code (Uttar Pradesh Amendment) Bill, 2018, was presented to the State Governor for his approval after being passed by the State Legislature.

The Amendment was approved by the President on June 1, 2019, and has been brought into force with effect from June 6, 2019.

The provision for securing anticipatory bail was long awaited since Section 438 CrPC was omitted in its application to Uttar Pradesh by Section 9 of the Code of Criminal Procedure (Uttar Pradesh Amendment) Act, 1976.

Thereafter, several writ petitions had been filed in various courts demanding to restore Section 438 CrPC.

The Uttar Pradesh State Law Commission had in its third report way back in 2009 also recommended reinsertion of section 438 of the CrPC in the state.

Pursuant to the recommendation, a Committee was constituted under the aegis of the Principal Secretary, Home Department, Government of Uttar Pradesh to consider re-introducing the provision.

It was after the Committee suggested re-introducing anticipatory bail that an amendment to revive Section 438 was initiated.

Last year, while the Supreme Court was hearing the petition moved by advocate Sanjeev Bhatnagar for reinsertion of Section 438 in Uttar Pradesh, the state government told the apex court that it is working towards bringing back the provision in the state.

Read the press release below.

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