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Kundan Jayaswal   24 February 2020

SC st act new directions applicable now by SCI

what is the current situation and explanations of act rules in simplest terms


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 1 Replies

Nirali Nayak   24 June 2021

Hello sir, greetings of the day.
As per your query, the following are the new directions applicable by Supreme Court of India for the Scheduled Caste and Scheduled Tribe Act.
Supreme Court has upheld the validity of the 2018 amendment to the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (SC/ST Act) which had reintroduced the bar for the anticipatory bail to those who are accused under this Act.
The Supreme Court has also introduced some safeguards to the SC/ST Act in response to the allegations of abuse of the SC/SC Act and filing of false cases. 
There will be no absolute bar on the grant of anticipatory bail to a person who is accused under this Act if there is no prima facie case made out, or where, on judicial scrutiny, the complaint is found to be false.
The court also mandated a preliminary inquiry to be conducted by a deputy superintendent of police (DSP) prior to the registration of a first information report (FIR) and the requirement of investigation officer to get further approval prior to make an arrest effective.
If it is a public servant, the court said that, the arrest can only be made after the approval of the appointing authority. In case of a non-public servant, the arrest can be made after approval by the senior superintendent of police (SSP). 
It also held that the provisions of Section 438 of the Code of Criminal Procedure (CrPC) which deals with the anticipatory bail shall not apply to any case under the SC/ST Act.
Hope this helps.
Regards
Nirali Nayak
Law Student


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