In a decisive move, the Uttar Pradesh cabinet has approved a new ordinance that will disallow anticipatory bail for individuals accused of certain grave offenses, including rape. This decision is part of the state’s zero-tolerance policy towards crime and criminals, affirming a strict stance on cases involving sexual offenses and crimes punishable by the death penalty.
The ordinance, officially titled “Bhartiya Nagrik Suraksha Sanhita (Uttar Pradesh Amendment), Ordinance 2024,” modifies provisions under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023, which previously allowed for anticipatory bail. Now, particularly in cases involving the rape of a girl under 12 years and gang rape, no anticipatory bail will be granted. This aims to prevent accused individuals from evading arrest and influencing key evidence.
The amendment covers a broad spectrum of serious offenses including those under the POCSO (Protection of Children from Sexual Offences) Act, NDPS (Narcotic Drugs and Psychotropic Substances) Act, Official Secrets Act, and the Uttar Pradesh Prevention of Anti-Social Activities Act. The additional included offenses are under the Uttar Pradesh Illegal Religious Conversion Prohibition Act and others where the death penalty could be pronounced.
With this change, those accused of these crimes will have to surrender in court to avoid arrest, tightening the legal framework and ensuring that such severe crimes are rigorously prosecuted. This amendment is an extension of the procedural modifications first introduced in the Uttar Pradesh Code of Criminal Procedure Amendment Act, 2018.
The ordinance is now pending the Governor’s approval to be formally enacted.
