SUPREME COURT ALLOWS ANTICIPATORY BAIL UNDER SC/ST ACT

Recently, a 2-Judge bench of the Supreme Court clarified that the 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 established against the accused.
Key Highlights of the Judgment

1. Insult and Intention to Humiliate:
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   The court emphasized that merely insulting a member of the SC or ST community is not
   automatically an offence under the SC/ST Act.
   For an insult to qualify as an offence, the accused must have the intention to humiliate based on
   caste identity.
   Only intentional insults or intimidation arising from entrenched social norms (such as
   untouchability or caste superiority) fall within the scope of the Act.
2. Anticipatory Bail:
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   Anticipatory bail is a legal direction issued by the High Court or the Court of Session.
   It allows a person to seek pre-arrest bail when accused of committing a non-bailable offence.
   Previously governed by Section 438 of the Code of Criminal Procedure (CrPC), the relevant
   provisions for anticipatory bail are now found in Section 482 of the Bhartiya Nagarik Suraksha
   Sanhita (2023).
3. SC and ST (Prevention of Atrocities) Act, 1989:
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   Objective: The Act aims to prevent offences against members of SCs and STs.
   Special Courts: It establishes Special Courts for the trial of such offences.
   ⚫ Relief and Rehabilitation: The Act also provides for relief and rehabilitation of victims.
   Salient Features of the Act
4. Accused Membership:
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   The accused must not be a member of the SC or ST community.
5. Offences Covered:
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   Offences include employing SC or ST members for manual scavenging, dedicating SC or ST
   women to deities or temples as devadasis, and denying customary right of passage to places of
   public resort.
6. Punishment for Neglect of Duties:
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   Public servants who are not members of the SC or ST community can also face punishment
   under the Act for neglecting their duties related to preventing atrocities.
   Remember that this information is based on the recent Supreme Court judgment and the provisions of
   the SC and ST (Prevention of Atrocities) Act.