Under which one of the following Sections of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 is 'anticipatory bail' prohibited?

Question

UnlockIAS · Accepted Answer

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.

Why the other options are wrong — (a) 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 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 is the State Government's power to impose a collective fine — unrelated to anticipatory bail.

Concept: 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.

State PCS 2018 Q83 — Indian Polity PYQ with Answer

State PCS 2018 Q83 — Indian Polity PYQ with Answer