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Anticipatory Bail Re-Introduced in UP After 33 Years


Anticipatory bail or pre-arrest bail provision is back in UP after 33 years, as it was dropped by the then Uttar Pradesh government through an amendment in CrPC in 1976 during emergency.

The accused will now get advance bail in the state in cases of non-bailable offences.

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.

President Sh Ram Nath Kovind approved the amendment on June 1, 2019, and the same has been brought into force with effect from June 6, 2019.

The Allahabad High Court and the apex court had been pressing the state government to re-apply this law. The State Law Commission also recommended the re-implementation of this system in its third report in 2009.

[Read the Official Notification]

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