UP Assembly Passes Bill Preventing Rape Accused from Filing Anticipatory Bill

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• Sep 23, 2022 | Sourav Boruah

Digital Desk: The Uttar Pradesh legislative assembly passed the
Code of Criminal Procedure (Uttar Pradesh Amendment) Bill 2022 today, prohibiting rape suspects from being granted anticipatory bail.

During a debate on the amendment bill, UP Parliamentary Affairs
Minister Suresh Kumar Khanna stated that a provision has been made not to grant
anticipatory bail to those accused of POCSO Act violations and 'durachaar'
(misconduct with women).

He claims that denying anticipatory bail in sexual offenses
against minors and women reduces the likelihood of the accused destroying
evidence.

According to Mr Khanna, the provision will also help prevent the
accused from intimidating or harassing the victim and other witnesses.

The assembly also passed the Uttar Pradesh Public and Private
Property Damage Recovery (Amendment) Bill, 2022, which increases the time limit
for filing a claim from three months to three years.

According to Mr. Khanna, the amendment bill authorizes a claims
tribunal to compensate anyone killed in riots with Rs 5 lakh.

According to the bill's provisions, the compensation money will
be recovered from the guilty party.

The victim or dependent of a person whose life is lost in a
disturbance or riot can now also file an appeal for compensation, according to
Khanna, who added that with the amendment, the claims tribunal will also have
the authority to take Suo moto cognizance of such cases.

The amendment bill also states that the perpetrators must bear the cost of police action in such cases.

The government had previously invoked the "Uttar
Pradesh Public and Private Property Damage Recovery Act, 2020" in order to
establish a Claims Tribunal for such recovery.

The mechanism for determining who will be held accountable
for losses incurred during a demonstration or strike has also been clarified in
the amendment.

Both bills were passed by voice vote in the absence of the
main opposition Samajwadi Party and its ally RLD, which had previously
boycotted the proceedings.