Ban against Anticipatory Bail Under Section 18 of “The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989” Does Not Debar Judicial Scrutiny of Allegations

By P. R. Thakur

Published In

CrLJ 2001

The constitutional validity of Section 18 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as “the Act”) is no longer res integra in view of the judgment of the Supreme Court (B.P. Jeevan Reddy and Sujata V. Manohar, JJ.) in State of M.P. v. R. K. Balothia, 1995 Cri LJ 2076 : AIR 1995 SC 1198. The constitutional validity of Section 18 of the Act (prohibiting grant of anticipatory bail for offences under the Act) was challenged before the High Court of Madhya Pradesh, and the High Court held that Section 18 of the Act was unconstitutional since it violated the Articles 14 and 21 of the Constitution of India. Section 18 of the Act reads as follows  “18. Section 438 of the Code not to apply to persons committing an offence under the Act.— Nothing in Section 438 of the Code shall apply in relation to any case involving the arrest of any person on an accusation of having committed a ....

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