UP Assembly Passes Amendment Bill Denying Anticipatory Bail to Rape Accused

A still from an anti-rape protest. Image used for representational purposes only.

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Uttar Pradesh legislative assembly on Friday, 23 September, passed the Code of Criminal Procedure (Uttar Pradesh Amendment) Bill 2022 which bars granting of anticipatory bail to rape accused.

UP Parliamentary Affairs Minister Suresh Kumar Khanna, while speaking on the amendment bill in the house, said that a provision has been made to not grant anticipatory bail to those accused of offences under the Protection of Children from Sexual Offences (POCSO) Act and 'durachaar' (misconduct) with women.

Denying anticipatory bail in sexual offenses against young people and women will reduce the chances of the accused destroying the evidence, he said.

The provision will also help prevent the accused from intimidating or harassing the victim and other witnesses, Khanna said.

UP Public and Private Property Damage Recovery (Amendment) Bill, 2022

The assembly also passed the Uttar Pradesh Public and Private Property Damage Recovery (Amendment) Bill, 2022 which extends the time period in which a claim can be filed from existing three months to three years.

Khanna said that the amendment bill empowers a claims tribunal to compensate anyone killed in riots with Rs 5 lakh.

The compensation money will be recovered from the guilty person, the bill provisions.

Now the victim or the dependent of the person whose life is lost in the disturbance or riot can also appeal for compensation, Khanna said, adding that with the amendment, the claims tribunal will also have the right to take suo moto cognizance of such cases.

The amendment bill also provisions that the cost of police action in such cases will be borne by the guilty.

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 mechanism to determine who will be responsible for the loss caused during a demonstration or strike has also been made clear in the amendment.

Both the bills, which were tabled in the house on Thursday, were passed by a voice vote in the absence of the main Opposition Samajwadi Party, and its ally Rashtriya Lok Dal (RLD), which had earlier boycotted the proceedings.