According to the proposal, the purpose of this amendment is to amend section 438 of CrPC with regard to the provision of anticipatory bail to prevent those who have committed offences relating to sexual assault against women and children from getting anticipatory bail.
New Delhi: In a major development, criminals accused of serious crimes including sexual assault of children and women will no longer get anticipatory bail from the courts of Uttar Pradesh. The Yogi Adityanath government has introduced an amendment in the existing bill in this regard in the UP Vidhan Sabha. Section-438 of CrPC has to be amended.
According to the proposed amendment, apart from offences related to sexual harassment, the Gangster Act, the Narcotic Drugs and Psychotropic Substances (NDPS) Act, the Official Secrets Act and the death penalty will not allow the accused to seek anticipatory bail as interim relief from courts.
According to the proposal, the object of this amendment is to amend section 438 of CrPC with regard to the provision of anticipatory bail to prevent those who have committed the offences relating to sexual assault against women and children from getting anticipatory bail.
'Zero tolerance' policy against crime
This has been done to prevent those accused of offences from tampering with or destroying evidence or intimidating the victims. The object of the resolution states that it will be done in accordance with the policy of 'zero tolerance against crime against women, girls and children, to prevent the collection of biological evidence, to prevent the destruction of evidence and to prevent intimidation of victim or eyewitnesses. It has been decided to amend section 438 of CrPC for
If amended, it will also apply to the Protection of Children from Sexual Offenses (POSCO) Act, 2012 and all sections of rape.
Highest Convection Rate in Uttar Pradesh
Significantly, the NCRB report 2021 states that Uttar Pradesh has the highest conviction rate among most crimes in the country. According to the NCRB data, crimes against women and children in Uttar Pradesh have declined by 6.2 per cent and 11.11 per cent, respectively, in 2021 as compared to 2019. In the year 2019, 59,853 cases of crime against women were registered in the state, which came down to 56,083 in 2021. Similarly, 18,943 cases of crime against children were registered in 2019, which declined to 16,838 in 2021.