Uttar Pradesh re-introduces anticipatory bail, revives Section 438 CrPC
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Uttar Pradesh re-introduces anticipatory bail, revives Section 438 CrPC

Aditi Singh

The Uttar Pradesh Government has re-introduced anticipatory bail in the State after reviving Section 438 of the Code of Criminal Procedure, 1973 (CrPC).

As per the Press Release issued to this effect, the amendment to the Criminal Procedure Code (Uttar Pradesh Amendment) Bill, 2018 was presented to the State Governor for his approval after being passed by the State Legislature.

The Amendment was approved by the President on June 1, 2019, and has been brought into force with effect from June 6, 2019.

The provision for securing anticipatory bail was dropped by the Uttar Pradesh Government through an amendment to the CrPc in 1976.

The Press Release informs that the move to revive the same in the State was initiated pursuant to a suggestion to this effect by the State Law Commission in its third report in 2009 and several writ petitions before various courts.

Thereafter, a Committee was constituted under the aegis of the Principal Secretary, Home Department, Government of Uttar Pradesh to consider re-introducing the provision.

It was after the Committee suggested re-introducing anticipatory bail that an amendment to revive Section 438 was initiated.

Interestingly, the Uttarakhand High Court had recommended that the provision be re-introduced in the State of Uttarakhand. The State of Uttarakhand which was carved out from Uttar Pradesh in 2000 had inherited the CrPC of Uttar Pradesh.

This was in view of the provisions of The Uttar Pradesh Reorganisation Act, 2000 as per which the law applicable on the appointed day in the State of UP was made applicable to the State of Uttarakhand. Thus, the provisions of Section 9 of Act No. 16 of 1976, omitting the provisions of Section 438 of CrPC were made applicable to the State of Uttarakhand, with the result that the provision for grant of bail to person apprehending arrest came to be non-existent in the State of Uttarakhand.

The Uttarakhand High Court while hearing a writ petition seeking a direction to quash an FIR registered against the Petitioner had recommended the State Government to restore the provision for anticipatory bail in the State.

Subsequently, the High Court had struck down Section 9 of the Amendment Act of 1976 thus making Section 438 applicable in Uttarakhand.

[Read the Official Notification]

Anticipatory-Bail-Notification.pdf
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[Read Press Release]

UP-anticipatory-bail.pdf
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