In September 2025, what significant legal position did the Supreme Court of India reiterate under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989?
- AOption (a)
The accused may apply for anticipatory bail under all circumstances.
- BOption (b)
The provision for anticipatory bail has been removed from the Indian Penal Code.
- COption (c)
If a crime under the law is revealed upon a prima facie examination of the FIR, the granting of anticipatory bail is strictly prohibited.
- DOption (d)
Only the High Court can grant anticipatory bail.
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Correct answer
If a crime under the law is revealed upon a prima facie examination of the FIR, the granting of anticipatory bail is strictly prohibited.
Why this answer is correct
The correct answer is If a crime under the law is revealed upon a prima facie examination of the FIR, the granting of anticipatory bail is strictly prohibited..
Key Points
- The Supreme Court of India reiterated the absolute bar on granting anticipatory bail under Section 18 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, provided the First Information Report (FIR) discloses a prima facie case.
- Under this legal framework, Section 438 of the Code of Criminal Procedure (CrPC), or the corresponding Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), does not apply to offenses registered under the SC/ST Act.
- The prima facie standard implies that the court must only examine if the essential ingredients of the offense are mentioned in the complaint without a deep merit-based mini-trial at the bail stage.
- The judicial intent behind this restriction is to protect marginalized communities from intimidation and ensure that the accused do not evade the immediate legal process in serious cases of social discrimination and violence.
Additional Information
- The SC/ST (Prevention of Atrocities) Act, 1989:
- Section 18A: This was inserted through a 2018 Amendment to nullify a previous judgment that had introduced requirements for preliminary inquiries and prior approvals for arrest.
- Judicial Precedents: In the landmark Prathvi Raj Chauhan vs. Union of India (2020) case, the Supreme Court upheld the constitutional validity of Section 18A, affirming that anticipatory bail can only be granted in exceptional cases where no prima facie case is established.
- Scope of Atrocities: The Act defines specific crimes against Scheduled Castes and Scheduled Tribes, including social boycott, forced labor, and assault on women, providing for Special Courts to ensure speedy justice.