38.6c New Delhi, India, Friday, September 05, 2025
Top Stories Supreme Court
Political NEWS Legislative Corner Celebstreet International Videos
Subscribe Contact Us
close
Judiciary

Bar on pre arrest bail to operate under SC/ST Act: SC [Read Judgment]

By Jhanak Sharma      04 September, 2025 01:12 PM      0 Comments
Bar on pre arrest bail to operate under SC ST Act SC

NEW DELHI: In a judgment, the Supreme Court has said, in relation to any case involving arrest of a person, facing the accusation about committing offence under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, protection of Section 438, CrPC would not be available.

"The Legislature has taken away the benefit of anticipatory bail in respect of the arrest for the offences alleged under the SC/ST Act. The bar in Section 18 of the SC/ST Act would operate," a bench headed by Chief Justice of India B R Gavai said.

The court said that there is a bar on anticipatory bail for an accused under the SC/ST Act but if the accusations relating to the commission of such offence are devoid of prima facie merits, the court has a room to exercise its discretion to grant pre-arrest bail.

The court clarified, non-making of prima facie case about the commission of offence is perceived to be such a situation where the court can arrive at such a conclusion in the first blush itself or by way of the first impression upon very reading of the averments in the FIR.

In such cases, the bench, also comprising Justices K Vinod Chandran and N V Anjaria, said, it would not be permissible for the court to travel into the evidentiary realm or to consider other materials, nor the court could advert to conduct a mini trial.

"The provision of Section 18 and the bar created thereunder has to be seen in the context of the object and purpose with which the Parliament enacted the SC/SC Act, 1989," the bench said.

The bench pointed out, this legislation was brought into force with an avowed object of implementing the measures to improve the socio-economic conditions of the Scheduled Castes and Scheduled Tribes, who have remained a vulnerable class in the society.

"The underlying idea is to ensure that the persons belonging to these classes are not denied their civil rights, are not subjected to indignities and are insulated from humiliation and harassment,'' the court said.

Section 18 in its ultimate analysis, furthers the very object of the enactment, it said.

"Seemingly a stricter provision, it underscores the constitutional idea of availing social justice and to ensure the same pedestal for the Scheduled Caste and Scheduled Tribe community people with other classes in the society,'' the bench said.

Allowing an appeal by Kiran against the Bombay High Court's order which granted pre-arrest bail to Rajkumar Jivraj Jain, the court noted, the respondent accused and others were alleged to have assaulted the appellant-complainant and her family members and hurled caste abuses for not voting a particular candidate in Maharashtra Assembly elections.  

In view of the contents of the FIR, the court said, there is no escape from the conclusion that offence under the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 was made out.

The High Court in proceeding to evaluate the testimony of witnesses and to opine on that basis that there were certain discrepancies, no offence was made out, committed a manifest error, it held.

"The anticipatory bail granted by overlooking of and disregarding the bar of Section 18 of the Act was a clear illegality and jurisdictional error committed by the High Court. The order of the High Court could not be sustained in the eye of law,'' the court said.

[Read Judgment]

Disclaimer: This content is produced and published by LawStreet Journal Media for informational purposes only and does not constitute legal advice. The views expressed are independent of any legal practice of the individuals involved.



Share this article:

About:

Jhanak is a lawyer by profession and legal journalist by passion. She graduated at the top of her cl...Read more

Follow:
FacebookTwitterLinkedinInstagram


Leave a feedback about this
Related Posts
View All

Another CBI Officer Investigating Rakesh Asthana Moves SC Against Transfer, Makes Startling Revelations Another CBI Officer Investigating Rakesh Asthana Moves SC Against Transfer, Makes Startling Revelations

After A.K. Bassi, another CBI officer who was investigating corruption allegations against Special Director Rakesh Asthana moved the Supreme Court.

Ayodhya verdict: SC rules in favour of Ram Lalla, Sunni Waqf Board gets alternate land Ayodhya verdict: SC rules in favour of Ram Lalla, Sunni Waqf Board gets alternate land

SC bench led by CJI Ranjan Gogoi has allotted the dispute site to Ram Janmabhoomi Nyas, while directing the government to allot an alternate 5 acre land within Ayodhya to Sunni Waqf Board to build a mosque.

Supreme Court: Money Spent On Judiciary Less Than 1% In All States Except Delhi Supreme Court: Money Spent On Judiciary Less Than 1% In All States Except Delhi

The court guided all states to document their response to the commission's report within four weeks. If any of the states fail to file a response, it will be presumed that they have no objections to the recommendations made by the commission, the court said.

Supreme Court Top Panel Names Chief Justices for Bombay, Orissa and Meghalaya High Courts Supreme Court Top Panel Names Chief Justices for Bombay, Orissa and Meghalaya High Courts

On April 18, 2020, the Supreme Court Collegium recommended new Chief Justices for three High Courts. Justice Dipankar Datta was proposed as Chief Justice of the Bombay High Court, succeeding Justice B.P. Dharmadhikari. Justice Biswanath Somadder was nominated as Chief Justice of Meghalaya High Court, while Justice Mohammad Rafiq was recommended for transfer as Chief Justice of Orissa High Court.

TRENDING NEWS

husbands-increased-income-warrants-higher-maintenance-for-wife-delhi-hc
Trending Judiciary
Husband’s Increased Income Warrants Higher Maintenance for Wife: Delhi HC [Read Judgment]

Delhi HC rules husband’s increased income and rising living costs justify higher maintenance for wife, enhancing it from ₹10,000 to ₹14,000.

04 September, 2025 12:50 PM
bar-on-pre-arrest-bail-to-operate-under-sc-st-act-sc
Trending Judiciary
Bar on pre arrest bail to operate under SC/ST Act: SC [Read Judgment]

SC rules anticipatory bail barred under SC/ST Act; courts can allow only if FIR lacks prima facie case of offence.

04 September, 2025 01:12 PM

TOP STORIES

words-spreads-faster-than-winds-sc-relies-on-testimony-of-neighbour-acquits-woman-in-dowry-harassment-case
Trending Judiciary
'Words spreads faster than winds,' SC relies on testimony of neighbour; acquits woman in dowry harassment case [Read Judgment]

SC acquits woman in dowry case, citing neighbour’s testimony: “Word spreads faster than wind” — conviction under Section 498A set aside.

30 August, 2025 05:54 PM
sc-refuses-to-entertain-plea-against-use-of-temples-land-funds-for-building-college-in-chennai
Trending Judiciary
SC refuses to entertain plea against use of temples' land, funds for building college in Chennai

SC refuses plea against use of Chennai temples’ land, ₹25 cr funds for building college, says using temple assets for education not improper.

30 August, 2025 06:01 PM
sc-halts-order-for-eviction-of-800-paki-hindus-living-in-national-capital
Trending Judiciary
SC halts order for eviction of 800 Paki Hindus living in national capital

SC stays eviction of 800 Pakistani Hindus at Majnu Ka Tilla, citing Article 21 right to shelter and dignity; seeks Centre, DDA response.

30 August, 2025 07:36 PM
sc-approves-ecs-move-to-accept-claims-or-objections-to-draft-electoral-rolls-beyond-sep-1
Trending Judiciary
SC approves EC's move to accept claims or objections to draft electoral rolls beyond Sep 1

SC allows EC to accept claims and objections to Bihar draft electoral rolls even after Sept 1 deadline, till last date of nominations.

01 September, 2025 02:54 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email