No bar on Anticipatory bail under SC/ST Act unless Prima Facie Offence is made out: Supreme Court

Posted 26 Aug 2024

2 min read

Recently, a 2-Judge bench of the Supreme Court held that bar on anticipatory bail under Section 18 of the SC and ST (Prevention of Atrocities) Act, 1989 is not applicable unless a prima facie case under the Act is made out against the accused.

Section 18 of the Act states that Section 438 of the CrPC, which provides for anticipatory bail, shall not apply in relation to cases involving offence under the Act.

Other Key Highlights of the judgement

Court observed that mere insult of a member of SC or ST is not an offence under the SC/ ST Act unless the accused had the intention to humiliate based on caste identity.
Only intentional insult or intimidation caused by entrenched social norms like untouchability or caste superiority, qualifies as the type of insult or intimidation envisioned by the Act.

Anticipatory bail

It is a direction by High Court or the Court of Session to release a person on bail, apprehending arrest on accusation of having committed a non-bailable offence.
Section 438 of the Code of Criminal Procedure (CrPC) contained provisions related to anticipatory bail.
Under reformed criminal laws, Section 482 of Bhartiya Nagarik Suraksha Sanhita (2023) contains relevant provisions for anticipatory bail.

SC and ST (Prevention of Atrocities) Act, 1989

Objective: To prevent commission of offences against the members of SCs/STs, Special Courts for trial of such offences, and provision for relief and rehabilitation of victims.
Salient Features
- The accused must not be a member of the SC/ST.
- Offenses include employing members of SC/ ST for Manual Scavenging, dedicating SC/ ST women to deity, temple, etc., as devadasi, denial of customary right of passage to places of public resort, among others.
- It also provides for punishment for neglect of duties under the Act by public servants not being a member of SC/ ST.