UP: Big change in the law of crime against women, the accused will not get anticipatory bail

UP: Big change in the law of crime against women, the accused will not get anticipatory bail

The Uttar Pradesh government has decided that the accused in the cases of crimes against women will no longer be able to get anticipatory bail. The CrPC (Amendment) Bill 2022 was passed in the assembly on Friday. It prohibits the grant of anticipatory bail to the accused. UP Parliamentary Affairs Minister Suresh Kumar Khanna said about the amendment bill in the House that a provision has been made not to grant anticipatory bail to those accused of POCSO Act and crimes against women. This will also help in preventing the accused from intimidating and harassing the victim and other witnesses.

According to media reports, further, on the bill in the House, the minister said that denial of anticipatory bail in sexual offenses against young people and women will reduce the chances of the accused destroying evidence. Khanna also said that this provision will also help in preventing the accused from intimidating or harassing the victim and other witnesses. With the change in CrPC, the provision of anticipatory bail in serious criminal cases against women will be done away with. However, now the approval of the Ministry of Home Affairs is necessary.

The cost of police action will also be recovered from the accused.
Khanna said that now the victim or the dependent of the person whose life has been lost in unrest or riots can appeal for compensation. Khanna also said that with the amendment, the Claims Tribunal will also be empowered to take cognizance of such matters on its own. The amendment bill also provides that the cost of police action in such cases will be borne by the culprits.

Discussion on public and private property damage recovery
Khanna said that the Amendment Bill empowers any person killed in the riots to pay compensation of Rs 5 lakh. The amount of compensation will be recovered from the guilty person. The government had earlier invoked the 'Uttar Pradesh Public and Private Property Damage Recovery Act, 2020' to constitute a Claims Tribunal for such recovery. The amendment also clarified the mechanism for determining who would be liable for damages caused during a performance. Both the bills were passed by voice vote in the absence of the main opposition Samajwadi Party and its ally RLD, while the first had boycotted the proceedings.

(with language input)