Saturday, July 31, 2010

Anticipatory bail provision back in UP after 34 years

Anticipatory bail provision back in UP after 34 years

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.

In another decision, the Cabinet has authorised Principal Secretary (Planning) to sign a memorandum of understanding with the Unique Identification Authority of India.

This decision would pave the way for early implementation of the UID number project in the Uttar Pradesh.



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 Crpc was abolished in Uttar Pradesh by IPC (UP amendment) Act 1976, they added.


Exactly 34 years after it was scrapped, the provision for anticipatory bail is being reintroduced by the state government in Uttar Pradesh. A decision to that effect was taken at a meeting of the state cabinet presided over by Chief Minister Mayawati on Friday. "The cabinet has decided to seek an

amendment in Section 438 of the Criminal Procedure Code, whereby the provision for anticipatory bail that was repealed way back in 1976, was sought to be restored," an official spokesman said on Friday.

This follows a recommendation given by a high level committee under the chairmanship of Uttar Pradesh Advisory Council chairman Satish Chandra Misra. Among others on the committee were the advocate general, principal secretary (law), principal secretary (home), principal secretary (legislation) and director general of police.

The committee recommended for reintroduction of anticipatory bail, albeit with certain riders. "As such, it would not apply in case of all special laws like the gangsters act or various anti terrorist laws," the spokesman added.

No comments:

Post a Comment