Anticipatory bail for SC and ST Act

The Supreme Court recently reiterated that “insults or intimidations” of a member and Anticipatory bail for SC and ST Act, 1989, unless it is on the ground that the victim belongs to an SC or ST.

What is insult under SC and ST Act?

• The Supreme Court ruled that the bar on anticipatory bail under Section 18 of the SC and ST (Prevention of Atrocities) Act, 1989, is not applicable.
• This is unless a prima facie case under the Act is made out against the accused.
• Section 18 of the Act states that Section 438 of the Criminal Procedure Code (CrPC), which provides for anticipatory bail, shall not apply in cases involving offenses under the Act.
• The court emphasized that Section 18 does not impose an absolute bar on courts from examining whether a prima facie case under the 1989 Act is made out.
• Courts should conduct a preliminary inquiry to determine if the complaint or FIR discloses the essential ingredients required to constitute an offense under the Act.
• A mere insult of a member of SC or ST is not an offense under the Act unless the accused had the intention to humiliate the victim based on their caste identity.
• The phrase “intent to humiliate” under Section 3(1)(r) (intentional insult or intimidation with intent to humiliate a member of a SC/ST within public view) is closely linked to the caste identity.
• The court clarified that Section 3(1)(r) of the Act is applicable only when the reason for the insult or intimidation is the victim’s membership in a Scheduled Caste or Scheduled Tribe.
• The judgment highlighted that Section 18 bars anticipatory bail only in cases where a valid arrest can be made under Section 41 read with Section 60A of the CrPC.

SC and ST (Prevention of Atrocities) Act, 1989

• It was enacted to prevent the commission of offenses against members of SCs/STs, to establish Special Courts for the trial of such offenses, and to provide relief and rehabilitation to victims.
• The accused must not be a member of the SC/ST community.
• Offenses under the Act include:
  • Employing members of SC/ST for Manual Scavenging.
  • Dedicating SC/ST women to a deity, temple, etc., as devadasis.
  • Denial of customary rights of passage to places of public resort.
• Neglect of Duties: Public servants who neglect their duties under the Act, and are not members of SC/ST, can also be punished.

What is anticipatory bail?

• Anticipatory bail is a legal provision in India that allows a person to seek bail in anticipation of being arrested for a non-bailable offense.
• It is a pre-arrest legal remedy, enabling an individual to avoid being taken into custody by the police if they fear arrest.
• Anticipatory bail is provided under Section 438 of the Criminal Procedure Code (CrPC), 1973.
• A person can apply for anticipatory bail if they have reason to believe they might be arrested on the accusation of committing a non-bailable offense.
• The application can be made to either the High Court or the Sessions Court.

Conditions:

• The court may impose specific conditions on the grant of anticipatory bail, such as:
  • The individual must make themselves available for interrogation by the police as required.
  • They must not leave the country without prior permission from the court.
  • They must not tamper with evidence or influence witnesses.

Other Aspects:

• The court granting anticipatory bail may set a specific time frame within which the bail will be effective, or it may be granted until the end of the trial unless it is canceled by the court.
• The court may cancel anticipatory bail if the conditions are violated or if new facts emerge that warrant the arrest of the individual.
• Anticipatory bail is not available in cases involving offenses under certain special laws, such as the SC/ST (Prevention of Atrocities) Act, 1989, unless a prima facie case is made out.
• The Supreme Court held that anticipatory bail should be granted sparingly, particularly in cases involving heinous crimes.

Significance of Anticipatory Bail

• Protection from Harassment: Anticipatory bail provides a safeguard against arbitrary arrest and harassment by the police.
• Legal Remedy: It ensures that individuals accused of non-bailable offenses can seek legal protection and avoid the stigma associated with arrest.
• Balance of Power: It maintains a balance between the powers of the police and the rights of individuals, ensuring that arrest is not used as a tool of oppression.

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