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In September 2025, the Supreme Court of India reaffirmed which important legal position under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989?
The grant of anticipatory bail is absolutely barred if the FIR prima facie discloses an offence under the Act
The accused can apply for anticipatory bail under all circumstances
The anticipatory bail provision has been removed from the Indian Penal Code
The anticipatory bail may be granted only by the High Court
The grant of anticipatory bail is absolutely barred if the FIR prima facie discloses an offence under the Act
Supreme Court reaffirms in September 2025 that anticipatory bail is barred under Section 18 of the SC/ST Act if the FIR discloses a prima facie offence.
The Supreme Court's ruling clarifies the legal threshold for granting pre-arrest bail in cases involving atrocities against Scheduled Castes and Scheduled Tribes. The verdict reinforces that Section 18 of the SC/ST (Prevention of Atrocities) Act, 1989, explicitly excludes the application of Section 438 of the Code of Criminal Procedure (anticipatory bail). The Court noted that courts cannot evaluate evidence at the FIR stage to grant relief if the allegations, on their face, disclose a cognizable offence under the Act. This judgement aims to curb the misuse of discretionary powers in granting pre-arrest protection for grave offences.
The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, was enacted under the powers granted by Article 17 of the Indian Constitution, which abolishes untouchability. This Act falls under the administrative purview of the Ministry of Social Justice and Empowerment. Section 18 of this Act serves as a specific legislative carve-out that overrides standard criminal procedure provisions to protect victims of caste-based violence.
Date of Ruling: September 1, 2025
Section invoked: Section 18 of the SC/ST (Prevention of Atrocities) Act, 1989
Section excluded: Section 438 of the Code of Criminal Procedure (anticipatory bail)
Condition for bar: FIR must prima facie disclose an offence under the Act
A is correct тАФ The Supreme Court ruled in September 2025 that anticipatory bail is absolutely barred under Section 18 of the SC/ST Act if the FIR prima facie discloses an offence.
Remember the '18-438' rule: Section 18 of the SC/ST Act acts as a total shield against Section 438 (anticipatory bail) of the CrPC, emphasizing the Act's special status in safeguarding vulnerable groups.
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