Supreme
Court’s Important Ruling on Section 18 of the SC/ST Prevention of Atrocities
Act
¨
In May 2026, the Supreme
Court delivered an important judgment regarding Section 18 of the Scheduled
Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
¨
The Court held that the
statutory bar under Section 18 against anticipatory bail cannot be applied
mechanically in every case.
¨
The Court stated that
judges must conduct a prima facie examination before rejecting anticipatory
bail.
¨
According to the
judgment, the FIR, supporting materials, and nature of allegations must be
examined.
¨
Courts must determine
whether a prima facie offence under the SC/ST Act is made out.
¨
Section 18 of the SC/ST
(Prevention of Atrocities) Act, 1989 bars the application of Section 438 of the
Code of Criminal Procedure (CrPC), 1973 in cases covered under the Act.
¨
Anticipatory bail under
Section 438 of the CrPC is a legal remedy granted before arrest.
¨
The case was heard by a
bench comprising J.B. Pardiwala and Ujjal Bhuyan.
¨
The bench examined the
need for prima facie scrutiny in cases involving offences under the SC/ST Act
and general criminal laws.
¨
The Court said that
caste-based allegations in the FIR and supporting records must be evaluated
before denying anticipatory bail.
¨
In September 2025, a
three-judge bench headed by Chief Justice of India B. R. Gavai upheld the
statutory bar under Section 18.
¨
That bench also included
Justices K. Vinod Chandran and N.V. Anjaria.
¨
The September 2025 ruling
allowed a limited exception where the FIR did not disclose a prima facie
offence under Section 3 of the SC/ST Act.
¨
In March 2026, a bench of
Justices Sanjay Kumar and K. Vinod Chandran set aside a High Court order
granting anticipatory bail in a case involving serious allegations under the
Act.
