Allow Cookies!
By using our website, you agree to the use of cookies
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 said Amendment was approved by the President on June 1, 2019, and has been brought into force with effect from June 6, 2019.
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 released by the press
Further, a Committee was constituted under the aegis of the Principal Secretary, Home Department, Government of Uttar Pradesh to consider re-introducing the provision.
This was in view of the provisions of The Uttar Pradesh Reorganization 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.
Subsequently, the High Court had struck down Section 9 of the Amendment Act of 1976 thus making Section 438 applicable in Uttarakhand.
86540
103860
630
114
59824