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HomeNationalDamages to Property Act amended for transfer of proceedingsTAZAA News

Damages to Property Act amended for transfer of proceedingsTAZAA News

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The UP Assembly on Thursday passed the Amendment Bill to the Uttar Pradesh Recovery of Damage to Public and Private Property Act, 2020.

The amendment gave judicial discretion to the tribunal to “condon delay in filing claim petitions, automatically consider case and award compensation to persons injured during hartal, bandh, riots, public agitation”.

In its statement of objects and reasons for introducing the bill, the government cited the UP Recovery of Damage to Public and Private Property Act, 2020 to “combat all acts of violence in public places and to control its persistence and severity and to recover damage caused to public or private property… and to investigate the damage caused.” and Constitution of Claims Tribunals to award compensation”.

“However, it has been observed that for transfer of proceedings in respect of damage to public or private property or recovery of personal injury… it is necessary to amend the law undertaken in pursuance of the Government order prior to the enactment of the above Act. The existing law,” it added.

Another important Bill introduced in the Assembly is “The Code of Criminal Procedure (Uttar Pradesh Amendment) Bill, 2022. It proposes amendment in Section 438 of the Code of Criminal Procedure, 1973 in respect of Uttar Pradesh. The section defines the powers of the High Court or Court of Session to grant anticipatory bail. “Adopting a zero-tolerance policy towards crimes against women and children, expeditious collection of biological evidence in sexual offences, prevention of destruction of such biological evidence, minimizing the possibility of destruction of relevant evidence and deterring the accused. By causing fear or coercion to the victim or witness, it has been decided to amend Section 438 of the Code of Criminal Procedure, 1973 in an application to the State of Uttar Pradesh,” the government said.

According to the amendment, rape-related offenses under the Protection of Children from Sexual Offenses Act, 2012 (POCSO) are “exempt from anticipatory bail”.

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