Anticipatory bail provision back in UP after 34 years

PTI Jul 30, 2010, 06.28pm IST

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LUCKNOW: Uttar Pradesh government on Friday approved reintroduction of the provision of anticipatory bail as provided in Indian Penal Code (IPC), a legal measure which was abolished 34 years ago.

A decision in this regard was taken at a cabinet meeting chaired by chief minister Mayawati.

However, the provision would not be applicable in murder, abduction cases and cases of SC/ST (Atrocities Prevention) Act, official sources said.

FRIDAY, JULY 30, 2010

Anticipatory bail in Uttar Pradesh reintroduced.

https://timesofindia.indiatimes.com/india/Anticipatory-bail-provision-back-in-UP-after-34-years/articleshow/6237783.cms
LUCKNOW: Uttar Pradesh government on Friday approved reintroduction of the provision of anticipatory bail as provided in Indian Penal Code (IPC), a legal measure which was abolished 34 years ago. 

A decision in this regard was taken at a cabinet meeting chaired by chief minister Mayawati. 

However, the provision would not be applicable in murder, abduction cases and cases of SC/ST (Atrocities Prevention) Act, official sources said. 

The home department had on May 4 constitued a committee, with chairman state advisory board, advocate general, principal secretaries home, law and parliamentary affairs as it members, which recommended implementation of provisions of anticipatory bail in the state, they said. 

The provisons of anticipatory bail under Section 438 of IPC was abolished in Uttar Pradesh by IPC (UP amendment) Act 1976, they added.

UP House clears way for anticipatory bail

The UP Assembly on Tuesday passed the Code of Criminal Procedure (Uttar Pradesh Amendment) Bill paving the way for the restoration of the provision of anticipatory bail in the state, with certain exceptions. Anticipatory bail was abolished in the state during Emergency.

Persons accused under Criminal Law Amendment Act, Narcotic Drugs and Psychotropic Substance Act 1985, SC/ST (Prevention of Atrocities ) Act 1989, UP Gangsters and Anti-Social Activities (Prevention) Act 1987 Act and Official Secrets Act will not be able to avail of anticipatory bail. The law restoring anticipatory bail will also not be applicable to accused in offences punishable with death or life term.

The SP chief whip said SC/ST Act, Gangsters Act and Criminal Law Amendment Act were misused laws in the state and should be deleted from the list of exceptions. Radha Mohan Agarwal (BJP) demanded that the provision mandating physical presence of the accused seeking anticipatory bail in the court be deleted

Anticipatory bail system back in UP

Special Correspondent

LUCKNOW: The provision of anticipatory bail, albeit with certain conditions, will be reintroduced in Uttar Pradesh 34 years after it was scrapped with an amendment to Section 438 of the Code of Criminal Procedure (Cr.PC) — the Cr.PC (Uttar Pradesh Amendment) Act, 1976.

The decision was taken at a meeting of the Cabinet presided over by Uttar Pradesh Chief Minister Mayawati on Friday. The Bill to amend Section 438 for reintroducing the clause was approved. The legislation is likely to be tabled in the monsoon session of the Assembly beginning on August 6.

According to an official spokesman, a committee headed by Satish Chandra Mishra, chairman of the Uttar Pradesh (UP) Advisory Council, had been constituted in May to consider the possibility of reviving the anticipatory bail system.

The Mishra panel consisted of the Advocate-General, Principal Secretaries of Home, Justice and Parliamentary affairs and the State Director General of Police. The Home Secretary was the convenor.

The committee approved the restoration of anticipatory bail with certain conditions, which were not specified by the official spokesman.

Anticipatory bail back in UP

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The UP Government on Friday approved reintroduction of the provision of anticipatory bail, a legal measure abolished 34 years ago. The decision was taken at a Cabinet meeting chaired by CM Mayawati. taken at a Cabinet meeting chaired by CM Mayawati. The anticipatory bail system would be reintroduced in Uttar Pradesh after almost three decades with some conditions. The State Cabinet, which met on Friday, finalised the Bill bringing amendment in the Criminal Procedural Code, thus facilitating implementation of the clause of anticipatory bail.

A UP Government spokesman said Section 438 of the CrPC would be amended through a legislation in the forthcoming Monsoon Session of the Legislature. Section 438 of the Criminal Procedural Code (Uttar Pradesh Amendment) Act, 1976, was amended in 1976 by the then State Government, abolishing the anticipatory bail system in the State.

“The decision to re-introduce anticipatory bail was taken following recommendation of a high-level committee,” the spokesman said.

The committee, headed by State Advisory Council Chairman Satish Chandra Mishra, had given its recommendation to revive the system. The UP Advocate General, Principal Secretary (Home), Principal Secretary (Law), Principal Secretary (Parliamentary Affairs) and DGP were other members of this committee. The reprieve has, however, come with a rider. The anticipatory bail system would be applicable on only those cases where the maximum punishment is not more than 10 years imprisonment.