NO ANTICIPATORY BAIL IN OFFENCES UNDER SECTION 376 (3), SECTION 376AB , 376 DA AND 376 DB OF INDIAN PENAL CODE

Section 438 Cr.P.C. is amended to the extent that it will not be applicable if offence is of SECTION 376 (3), SECTION 376AB , 376 DA AND 376 DB OF INDIAN PENAL CODE and reads as follows:-

In section 438 of the Code of Criminal Procedure, after sub-section (3), the following

sub-section shall be inserted, namely:—

"(4) Nothing in this section shall apply to any case involving the arrest of any person on accusation of having committed an offence under sub-section (3) of section 376 or section 376AB or section 376DA or section 376DB of the Indian Penal Code.".

Notice to Public Prosecutor  and presence of Informant at the time of hearing in the Court is must  for Regular Bail in 439 Cr.P.C.

In section 439 of the Code of Criminal Procedure,—

(a) in sub-section (1), after the first proviso, the following proviso shall be inserted, namely: —

"Provided further that the High Court or the Court of Session shall, before granting bail to a person who is accused of an offence triable under sub-section (3) of section 376 or section 376AB or section 376DA or section 376DB of the Indian Penal Code, give notice of the application for bail to the Public Prosecutor within a period of fifteen days from the date of receipt of the notice of such application.";

(b) after sub-section (1), the following sub-section shall be inserted, namely:—

"(1A) The presence of the informant or any person authorised by him shall be obligatory at the time of hearing of the application for bail to the person under sub-section (3) of section 376 or section 376AB or section 376DA or section 376DB of the Indian Penal Code.".