Under the Scheduled Castes and the Scheduled Tribes (Prevention of Atr

Under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, which one of the following is not permitted?

Anticipatory Bail

Registration of FIR without preliminary enquiry

Arrest of an accused by the Investigating Officer without prior approval

Bail

Answer is Right!

Answer is Wrong!

This question was previously asked in

UPSC CISF-AC-EXE – 2020

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The correct answer is A.

Section 18 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, states that “Nothing in section 438 of the Code of Criminal Procedure, 1973 shall apply in relation to any case involving the commission of, or attempt to commit, any offence under this Act.” Section 438 of the CrPC deals with Anticipatory Bail. Therefore, Anticipatory Bail is explicitly prohibited under the SC/ST Act.

Section 18A, inserted later, further clarifies that preliminary inquiry shall not be required for registration of an FIR against any person and that the investigating officer shall not require any approval for arrest. This means Registration of FIR without preliminary enquiry (B) and Arrest of an accused without prior approval (C) are permitted/required under the Act. Regular Bail (D), applied for after arrest (under Section 439 CrPC), is not absolutely prohibited, although the conditions for granting it are stringent.

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