Under which one of the following Sections of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 is 'anticipatory bail' prohibited?
- (a)Section 22
- (b)Section 20
- (c)Section 18
- (d)Section 16
Correct — C, Section 18. Section 18 bars anticipatory (pre-arrest) bail by making Section 438 of the Code of Criminal Procedure inapplicable to anyone accused of an offence under the Act. This reflects how gravely caste atrocities are treated. The bar was later reinforced by Section 18A, inserted by the 2018 Amendment Act.
- (a)Section 22 — Section 22 is 'Protection of action taken in good faith' — it shields officials acting in good faith under the Act; it says nothing about anticipatory bail.
- (b)Section 20 — Section 20 is 'Act to override other laws' — it gives the Act overriding effect over inconsistent laws; it does not deal with anticipatory bail.
- (d)Section 16 — Section 16 is the State Government's power to impose a collective fine — unrelated to anticipatory bail.
Ordinarily Section 438 CrPC lets a person who fears arrest seek anticipatory (pre-arrest) bail. Section 18 of the SC/ST Act removes that option for offences under the Act. The 2018 Amendment Act inserted Section 18A to reaffirm the bar (and remove the need for a preliminary enquiry/approval before arrest) after a 2018 Supreme Court ruling had briefly diluted it.
Anchor the number: Section 18 = 'no Section 438 CrPC, no anticipatory bail.' The distractor sections cluster nearby — 16 (collective fine), 20 (overriding effect), 22 (good-faith protection) — so knowing the theme of each rules them out.
- Section 18 bars anticipatory bail by making Section 438 CrPC inapplicable to offences under the Act.
- Section 18A (2018 amendment) reaffirmed the bar and removed the need for a preliminary enquiry/approval before arrest.
- Section 16 = power to impose collective fine; Section 20 = Act overrides other laws; Section 22 = protection for good-faith action.
- The Supreme Court has held the Section 18 bar does not apply where no prima facie offence under the Act is made out.
Section 18 is the anticipatory-bail bar; the other three cover fines, overriding effect and good-faith protection.
- Mixing up Section 18 (anticipatory bail bar) with Section 20 (overriding effect)
- Assuming anticipatory bail is always available — the Act specifically bars it
MPPSC asks 'which section' for a specific provision of the SC/ST Act; the UPSC / current-affairs angle is the 2018 amendment and the Supreme Court judgments on anticipatory bail.
No directly related past PYQ was found.
- practice — not a real PYQ
Anticipatory bail is generally sought under which provision of the Code of Criminal Procedure?
- (a)Section 41
- (b)Section 154
- (c)Section 438
- (d)Section 482
Answer(c) Section 438 — the general provision for anticipatory bail.
- practice — not a real PYQ
Which provision, inserted by the 2018 amendment to the SC/ST Act, reaffirmed the bar on anticipatory bail?
- (a)Section 14A
- (b)Section 18A
- (c)Section 15A
- (d)Section 20
Answer(b) Section 18A — added in 2018 to reaffirm the bar.