The state Assembly on Friday passed the Code of Criminal Procedure (Uttar Pradesh Amendment) Bill, 2022, that denies granting of anticipatory bail to rape accused and those booked under the Protection of Children from Sexual Offences (POCSO) Act. This bill is the amendment of section 438 of the CrPC, 1973, with regards to the state.

The bill that was tabled by UP Parliamentary Affairs Minister Suresh Kumar Khanna has a provision to not grant anticipatory bail to those accused of offences under the POCSO Act and durachaar (misconduct) with women.

Khanna told the House that denying anticipatory bail in sexual offences against young people and women will reduce the chances of the accused destroying the evidence

The government claimed in a statement, “In pursuance of zero-tolerance policy towards crimes against women and children, it has been decided to make the necessary amendment to ensure prompt collection of biological evidence in sexual offences, prevention of biological evidence from being obliterated, minimising the possibility of destruction of relevant evidence and to restrain the accused from causing fear or coercing the victim(s) or witness(es).”