Sending the wrong signal: SC order in SC/ST Act case
7 years ago

Sending the wrong signal: SC order in SC/ST Act case

The Hindu  

March 29, 2018 12:02 am | Updated December 04, 2021 10:45 pm IST India has over 180 million Dalits. Further, data from the National Crime Records Bureau on which the Supreme Court based its recent judgment that sought to protect public servants and private citizens from arbitrary arrests under the Scheduled Castes and Scheduled Tribes Act, 1989, show that the rape of Dalit women has doubled in the last 10 years. As far as facts of the case in hand are concerned, the court is absolutely right that an adverse entry by non-SC officers in itself as to the character or integrity of the Dalit employee or routine denial of sanction of prosecution in good faith may not amount to a crime under the SC/ST Act. The high court rightly noted that in spite of possibility of misuse of the SC/ST Act, its penal provisions cannot be faulted as it would send the wrong signals to the downtrodden. In any case, as for the case in hand, Section 22 of the SC/ST Act already protects public servants from prosecution if they acted in ‘good faith’.

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History of this topic

Corrupt leaders, officials greater threats than assassins: SC
3 weeks, 6 days ago

Corrupt leaders, officials greater threats than assassins: SC

Hindustan Times  

Corrupt elements in the higher echelons of the government and political parties are a greater menace to society than even hired killers, the Supreme Court has held, delivering a scathing indictment of corruption in public life. The bench made these strong observations while rejecting anticipatory bail to Devinder Kumar Bansal, an audit inspector in the Punjab government, accused of demanding …

Persons can seek anticipatory bail in cases related to GST, customs even in absence of FIR: SC
1 month ago

Persons can seek anticipatory bail in cases related to GST, customs even in absence of FIR: SC

New Indian Express  

NEW DELHI: In a significant verdict, the Supreme Court on Thursday held that the provision of anticipatory bail is applicable to the Goods and Services Act and customs law and persons can move courts for pre-arrest bail even if an FIR is not in place. A bench comprising Chief Justice Sanjiv Khanna and Justices MM Sundresh and Bela M Trivedi …

'Exceptional Case': High Court Upholds Trial Court Order Recalling Pre-Arrest Bail Cancellation Despite Lack Of Inherent Power Of Review/ Recall
1 month, 1 week ago

'Exceptional Case': High Court Upholds Trial Court Order Recalling Pre-Arrest Bail Cancellation Despite Lack Of Inherent Power Of Review/ Recall

Live Law  

Calling it an "exceptional situation", the Punjab & Haryana High Court upheld a trial court order, recalling its bail cancellation order passed on the basis of false statement that the accused failed to join investigation as the particular day was a public holiday.Justice Manjari Nehru Kaul said, "This Court finds no illegality or perversity in the impugned order granting anticipatory …

Provisions Of SC/ST Act Can Only Be Invoked Against Those Not Belonging To SC/ST Community: Punjab & Haryana High Court
2 months ago

Provisions Of SC/ST Act Can Only Be Invoked Against Those Not Belonging To SC/ST Community: Punjab & Haryana High Court

Live Law  

Allowing anticipatory bail under the Scheduled Castes and Scheduled Tribes Act,, the Punjab & Haryana High Court has made it clear that the Act can be invoked only against members not belonging tothe SC/ST Act community.Justice Manisha Batra noted, "Appellants Avtar Singh and Jagsir Singh are stated to be members of SC community themselves. Allowing anticipatory bail under the Scheduled …

SC raps govt, ED for efforts to deny bail in PMLA cases
2 months, 2 weeks ago

SC raps govt, ED for efforts to deny bail in PMLA cases

Hindustan Times  

The Supreme Court on Wednesday rebuked the Union government and the Enforcement Directorate, condemning their “consistent efforts” to deny bail and prolong incarceration under the Prevention of Money Laundering Act “by hook or by crook”. A bench of justices Abhay S Oka and Ujjal Bhuyan termed such an approach “unacceptable” and underscored that the Union’s submissions in court, which went …

Supreme Court orders no coercive action against Puja Khedkar till February 14 in UPSC cheating case
Top News
2 months, 2 weeks ago

Supreme Court orders no coercive action against Puja Khedkar till February 14 in UPSC cheating case

India TV News  

UPSC cheating case: The Supreme Court on Wednesday protected former IAS probationer Puja Khedkar, accused of cheating and wrongly availing OBC and disability quota benefits in the civil services examination, from arrest till February 14. A bench of Justices BV Nagarathna and Satish Chandra Sharma issued notice to the Delhi government and the Union Public Service Commission on Khedkar's plea …

Delhi High Court Refuses Anticipatory Bail To Ex-IAS Probationer Puja Khedkar: 'Classic Case Of Fraud'
3 months, 1 week ago

Delhi High Court Refuses Anticipatory Bail To Ex-IAS Probationer Puja Khedkar: 'Classic Case Of Fraud'

ABP News  

The Delhi High Court on Monday refused to grant Anticipatory bail to former IAS Probationer Puja Khedkar, who is accused of 'misrepresenting and falsifying facts' in her application for Union Public Service Commission Civil Services Examination. Justice Chandra Dhari Singh dismissed the anticipatory bail plea filed by Khedkar observing that prima facie, a strong case if made out against her, …

Mandatory To Hear Informant/Victim Before Granting Bail In Rape Offences, SC/ST Act Cases : Supreme Court
3 months, 2 weeks ago

Mandatory To Hear Informant/Victim Before Granting Bail In Rape Offences, SC/ST Act Cases : Supreme Court

Live Law  

Affirming the importance of victim participation in criminal proceedings, the Supreme Court recently canceled the bail granted to a person accused of serious offences where the bail proceedings were conducted in the absence of the victim. The bench comprising Justices Bela M. Trivedi and Satish Chandra Sharma heard the criminal appeal filed by a victim against the Allahabad High Court's …

S.482 BNSS | Once Pre-Arrest Bail Is Denied On Merits, Second Plea Can't Be Entertained Without Any Change In Fact Situation: Punjab & Haryana HC
4 months, 3 weeks ago

S.482 BNSS | Once Pre-Arrest Bail Is Denied On Merits, Second Plea Can't Be Entertained Without Any Change In Fact Situation: Punjab & Haryana HC

Live Law  

The Punjab & Haryana High Court has made it clear that once the first anticipatory bail has been denied on merits and without there being change in the facts of the situation, the second application for the same relief under Section 482 BNSS cannot be entertained by making new arguments or twist by introducing new circumstances, development or material.Justice Kirti …

Karnataka Court Convicts 101 in Decade-Old Atrocities Case, Sentences 98 of Them to Life Imprisonment
5 months, 1 week ago

Karnataka Court Convicts 101 in Decade-Old Atrocities Case, Sentences 98 of Them to Life Imprisonment

Live Law  

A sessions court in Karnataka convicted 101 people in a decade-old case of atrocity against members of the Scheduled Caste community at Marakumbi village. The accused were charged under Section 3(1)(x) of the SC/ST Act, which deals with intentional insult or intimidation to people belonging to SC/ST community, and other relevant sections of IPC. The court sentenced 98 of them …

Karnataka Court Convicts 101 in Decade-Old Atrocities Case, Sentences 98 of Them to Life Imprisonment
5 months, 1 week ago

Karnataka Court Convicts 101 in Decade-Old Atrocities Case, Sentences 98 of Them to Life Imprisonment

Live Law  

A sessions court in Karnataka convicted 101 people in a decade-old case of atrocity against members of the Scheduled Caste community at Marakumbi village. The accused were charged under Section 3(1)(x) of the SC/ST Act, which deals with intentional insult or intimidation to people belonging to SC/ST community. They were also charged under Section 3(1)(xi) Act which deals with assault …

Nature & Gravity Of Offence Taken Into Account While Considering Anticipatory Bail: Rajasthan High Court Denies Relief For Forging Pattas
9 months, 2 weeks ago

Nature & Gravity Of Offence Taken Into Account While Considering Anticipatory Bail: Rajasthan High Court Denies Relief For Forging Pattas

Live Law  

Rajasthan High Court has denied anticipatory bail to the person charged under five different FIRs for forging “pattas” that were never actually issued by the Ajmer Development Authority and taking lakhs of rupees from complainants to distribute these fabricated pattas and documents. A bench of Justice Anoop Kumar Dhand said, “While considering an application for grant of anticipatory bail, no …

SC/ST Act | Bail Can't Be Granted Merely Based On Period Of Detention, Nature & Gravity Of Offence Must Be Considered: Madras High Court
11 months ago

SC/ST Act | Bail Can't Be Granted Merely Based On Period Of Detention, Nature & Gravity Of Offence Must Be Considered: Madras High Court

Live Law  

While denying bail to a man accused of murdering a person belonging to the marginalized community, the Madras High Court has stressed that while considering bail applications in connection with offenses under the SC/ST Act, the courts should refrain from granting bail merely based on period of detention. Selvakumar argued that the Special Court had granted bail to the co-accused …

Anticipatory Bail Application Can Be Considered Even After Cognizance Of Private Complaint Is Taken: Karnataka High Court
1 year ago

Anticipatory Bail Application Can Be Considered Even After Cognizance Of Private Complaint Is Taken: Karnataka High Court

Live Law  

The Karnataka High Court has set aside an order of the trial court which rejected a petition for anticipatory bail filed by an accused charged under provisions of the Scheduled Castes/Scheduled Tribes Act on the ground that cognizance had already been taken of the complaint. The court said,“The Sessions Judge was not proper in rejecting the petition filed under Section …

SC/ST Act | No Absolute Bar Against Grant Of Anticipatory Bail If Alleged Offences Prima Facie Not Made Out: Orissa High Court Reiterates
1 year, 2 months ago

SC/ST Act | No Absolute Bar Against Grant Of Anticipatory Bail If Alleged Offences Prima Facie Not Made Out: Orissa High Court Reiterates

Live Law  

The Orissa High Court, on Thursday, reiterated that there is no absolute bar against grant of anticipatory bail to an accused under the Scheduled Caste and Scheduled Tribe Act, 1989, if no prima facie offence is made out. While clarifying the implications of Section 18 and Section 18A of the Act, the Single Bench of Justice Sashikanta Mishra held – …

'No Mens Rea': Kerala HC Grants Pre-Arrest Bail To Headmistress Booked Under SC/ST Act For Cutting Tribal Student's Hair During Assembly
1 year, 2 months ago

'No Mens Rea': Kerala HC Grants Pre-Arrest Bail To Headmistress Booked Under SC/ST Act For Cutting Tribal Student's Hair During Assembly

Live Law  

The Kerala High Court has granted anticipatory bail to the headmistress of a school who was booked for offences under the Scheduled Castes and the Scheduled Tribes Act and Juvenile Justice Act for cutting the hair of the victim student, who belonged to the Scheduled Tribe community, during the school assembly which was allegedly derogatory and affected his dignity. Therefore, …

POCSO Act Prevails Over SC-ST Act, Anticipatory Bail Plea U/S 438 CrPC Maintainable Where Accused Charged Under Both: Allahabad HC
1 year, 5 months ago

POCSO Act Prevails Over SC-ST Act, Anticipatory Bail Plea U/S 438 CrPC Maintainable Where Accused Charged Under Both: Allahabad HC

Live Law  

The Allahabad High Court has held that where an accused has been booked under the POCSO Act as well as the SC/ST Act, the provision of the former will prevail over the latter and an anticipatory bail plea moved by such accused would be maintainable. Act and Section 438 CrPC contending that anticipatory bail application is not maintainable as an …

Drugs case: High court refuses anticipatory bail to Raj Jit
1 year, 7 months ago

Drugs case: High court refuses anticipatory bail to Raj Jit

Hindustan Times  

The Punjab and Haryana high court dismissed anticipatory bail plea of sacked assistant inspector general Raj Jit Singh Hundal, an accused in a drug smuggling case, observing that he might indulge in threatening witnesses. Referring to initiation of criminal case against him following opening of sealed cover reports on drugs by the high court, the bench said it would be …

SC/ST Atrocities Act | Case Not Made Out For Releasing Accused No Ground To Not Notify Victim Regarding Bail Proceedings: Bombay High Court
1 year, 8 months ago

SC/ST Atrocities Act | Case Not Made Out For Releasing Accused No Ground To Not Notify Victim Regarding Bail Proceedings: Bombay High Court

Live Law  

The Bombay High Court recently deprecated the practice of some Special Judges under the Scheduled Castes and the Scheduled Tribes Act not properly reflecting the submissions of victims as per Section 15A of the Act in their orders. “the present order does not speak that the notice was issued to the informant and he was heard in view of the …

Accused Under SC/ST Act Cannot Directly Approach High Court For Bail Or Anticipatory Bail: Kerala High Court
2 years, 1 month ago

Accused Under SC/ST Act Cannot Directly Approach High Court For Bail Or Anticipatory Bail: Kerala High Court

Live Law  

The Kerala High Court recently held that a person accused of offences punishable under the Scheduled Castes and the Scheduled Tribes Act, 1989 cannot directly approach the High Court seeking bail. On dealing with the question of whether the fresh bail application can be entertained, the court observed as thus: As per Section 14-A, it has been specifically provided that, …

SC/ST Act | Bail Order Passed Without Notice To Victim A Nullity, Liable To Be Recalled: Kerala HC
2 years, 2 months ago

SC/ST Act | Bail Order Passed Without Notice To Victim A Nullity, Liable To Be Recalled: Kerala HC

Live Law  

The Kerala High Court recently recalled an order which granted bail after taking note of the fact that the order was passed without notice to the victim.The Court allowed an application filed by the victim seeking recall of the bail order passed without hearing him.The Court observed that a notice to the victim is mandatory as contemplated under Section 15A …

[Unlawful Assembly] Individual Role Of Each Accused Cannot Be Considered While Deciding Bail Application: Karnataka High Court
2 years, 2 months ago

[Unlawful Assembly] Individual Role Of Each Accused Cannot Be Considered While Deciding Bail Application: Karnataka High Court

Live Law  

The Karnataka High Court has observed that individual role of accused cannot be considered while deciding on bail application filed by a murder accused who was part of an unlawful assembly and who allegedly committed the offence in pursuance of a common object. In the case on hand, it has to be noted that CW19 eye-witness when he tried to …

Accused Under SC/ST Act Cannot Directly Move High Court For Anticipatory Bail, Must Approach Special Courts First: Punjab & Haryana HC
2 years, 3 months ago

Accused Under SC/ST Act Cannot Directly Move High Court For Anticipatory Bail, Must Approach Special Courts First: Punjab & Haryana HC

Live Law  

The Punjab and Haryana High Court has ruled that an accused under the Scheduled Castes and the Scheduled Tribes Act, 1989 is first required to approach the Special Court for anticipatory bail as the high court's original jurisdiction under Section 438 CrPC in such cases stands excluded.Dismissing an anticipatory bail plea of an accused who had directly approached. The Punjab …

SC refuses to hear plea seeking denial of bail to politicians charged in serious criminal cases
2 years, 4 months ago

SC refuses to hear plea seeking denial of bail to politicians charged in serious criminal cases

India Today  

The Supreme Court on Wednesday refused to entertain a petition seeking direction to all the courts to deny bail to politicians facing serious criminal allegations. The plea also sought directions to cancel the bail granted to those ‘criminal’ politicians who are facing charges for heinous offences where the trial could not take place or remained pending for the last five …

Kerala High Court Directs Writer-Activist Civic Chandran To Surrender Before Police For Interrogation In Sexual Harassment Case
2 years, 5 months ago

Kerala High Court Directs Writer-Activist Civic Chandran To Surrender Before Police For Interrogation In Sexual Harassment Case

Live Law  

Cancelling author and social activist Civic Chandran's anticipatory bail in a sexual harassment case, the Kerala High Court on Thursday directed him to surrender before the Investigating Officer within seven days for subjecting himself for interrogation.Justice A. Badharudeen while allowing the petitions moved by the victim and the Government against the grant of anticipatory bail to Chandran. Cancelling author and …

Supreme Court Directs Ex-Karnataka MLC To Surrender Before the Trial Court And Seek Regular Bail In SC/ST Act Case
2 years, 6 months ago

Supreme Court Directs Ex-Karnataka MLC To Surrender Before the Trial Court And Seek Regular Bail In SC/ST Act Case

Live Law  

The Supreme Court, on Monday, directed ex-Karnataka Member of Legislative Council, Shrikanth to surrender before the Trial Court within two weeks in connection with a criminal case, inter alia, registered for offences punishable under Section 3 and Section 3 of Scheduled Castes and Scheduled Tribes Act, 1989. Justice Chandrachud reminded Mr. Kamat that he was referring to an English translation …

Kerala government moves High Court against bail granted to activist Civic Chandran in sexual harassment case
2 years, 7 months ago

Kerala government moves High Court against bail granted to activist Civic Chandran in sexual harassment case

Firstpost  

The state government sought to cancel the anticipatory bail which was granted by Kozhikode Sessions Court on 2 August which became controversial for the observations made by the Judge allegedly against the SC/ST Act Kochi, Kerala: Kerala government on Friday approached the Kerala High Court challenging the anticipatory bail granted to author and social activist Civic Chandran in a sexual …

SC-ST Act | Victim's Presence When Insulting Remarks Are Made Includes "Online Presence": Kerala HC Denies Pre-Arrest Bail To YouTuber
2 years, 8 months ago

SC-ST Act | Victim's Presence When Insulting Remarks Are Made Includes "Online Presence": Kerala HC Denies Pre-Arrest Bail To YouTuber

Live Law  

The Kerala High Court on Tuesday denied pre-arrest bail to a YouTuber who allegedly insulted a woman belonging to a Scheduled Tribe through an interview published on social media on the ground that a prima facie case under the Scheduled Castes and Scheduled Tribes Act was made out against him. Public Prosecutor Noushad K. A submitted that the benefit of …

Affirming the primacy of bail
2 years, 8 months ago

Affirming the primacy of bail

Hindustan Times  

An unfortunate facet of the Indian criminal justice system is the prolonged incarceration of people not convicted of any crime because of denial of bail. Despite four decades of Supreme Court jurisprudence stressing the importance of granting bail as a matter of practice and jail time only in exceptional circumstances, thousands of people continue to languish behind bars even as …

Supreme Court Criminal Digest -April 2022
2 years, 10 months ago

Supreme Court Criminal Digest -April 2022

Live Law  

Arms Act, 1950; Section 27 - Supreme Court Patna High Court judgment which modified the judgment passed by the Trial Court convicting the appellants- accused under Section 307 read with Section 34 Indian Penal Code to Section 324 IPC and confirming their conviction under Section 27 of the Arms Act. Mohd Firoz v. State of Madhya Pradesh, 2022 LiveLaw 390 …

'Atrocities Against SC-STs Not A Thing Of Past': Supreme Court Says 'Shoddy Investigation' Reason For Many Acquittals
3 years, 5 months ago

'Atrocities Against SC-STs Not A Thing Of Past': Supreme Court Says 'Shoddy Investigation' Reason For Many Acquittals

Live Law  

"Atrocities against members of the Scheduled Castes and Scheduled Tribes are not a thing of the past. ", the Supreme Court remarked in its judgment holding that the requirement under Section 15A of SC-ST Act of issuing notice of a court proceeding to a victim or a dependent is mandatory. The bench headed by Justice DY Chandrachud observed that many …

Fewer convictions in SC/ST cases due to ‘shoddy investigations’: Supreme Court
3 years, 5 months ago

Fewer convictions in SC/ST cases due to ‘shoddy investigations’: Supreme Court

Hindustan Times  

Atrocities against members of Scheduled Castes and Scheduled Tribes are “not a thing of the past”, lamented the Supreme Court on Friday, as it underscored that the conviction rates in SC/ST cases were low in India not due to the falsity of charges but because of shoddy investigations. The court cited Section 15A of the SC/ST Act to point out …

SC/ST Act - Notice To Victim Under Section 15A In Court Proceedings Against Accused Is Mandatory : Supreme Court
3 years, 5 months ago

SC/ST Act - Notice To Victim Under Section 15A In Court Proceedings Against Accused Is Mandatory : Supreme Court

Live Law  

The Supreme Court observed that requirement under Section 15A of SC-ST Act of issuing notice of a court proceeding to a victim or a dependent is mandatory.The bench of Justices DY Chandrachud and BV Nagarathna observed that, as per this requirement, a reasonable and timely notice must be issued to the victim or their dependent.Under Section 15A, a victim or. …

Anticipatory Bail Granted Ignoring Material Aspects, Nature & Gravity Of Offence Liable To Be Cancelled: Supreme Court
3 years, 5 months ago

Anticipatory Bail Granted Ignoring Material Aspects, Nature & Gravity Of Offence Liable To Be Cancelled: Supreme Court

Live Law  

The Supreme Court has observed that anticipatory bail granted ignoring material aspects including the nature and gravity of the offence is liable to be cancelled. Apprehending arrest, Suryabhan Singh and Jogendra Singh filed an anticipatory bail application before the Trial Court which was rejected and they thereafter approached the High Court. Case Before High Court The Single Judge of the …

Recent Developments In Bail Jurisprudence
3 years, 10 months ago

Recent Developments In Bail Jurisprudence

Live Law  

The egalitarian maxim "Bail, not Jail" enunciated by Justice V. R. Krishna Iyer seemed to have got watered down in the past decades. Default Bail u/s 167 CrPC The proviso to Section 167 of the CrPC postulates: Provided that, The Magistrate may authorise the detention of the accused person, otherwise than in the custody of the police, beyond the period …

ASJ Grants Pre-Arrest Bail To An Accused While Denying Same To Another In Same Matter: Patna High Court Calls For Probe In The Administrative Side
4 years, 1 month ago

ASJ Grants Pre-Arrest Bail To An Accused While Denying Same To Another In Same Matter: Patna High Court Calls For Probe In The Administrative Side

Live Law  

The Patna High Court recently called for an administrative probe against ASJ-I of Patna City sub-division for passing conflicting orders in the same case, wherein while granting anticipatory bail to one accused, he denied the same to another who was facing similar charges in the same murder case. The matter in brief While initiating suo-moto criminal revision, the Bench noticed …

S.18 of SC/ST Act-Unless The 'Offender's Action Is Impelled By The Consideration That The Victim Is A Member Of 'SC or ST', Bar For Anticipatory Bail Won't Apply
4 years, 2 months ago

S.18 of SC/ST Act-Unless The 'Offender's Action Is Impelled By The Consideration That The Victim Is A Member Of 'SC or ST', Bar For Anticipatory Bail Won't Apply

Live Law  

In a significant judgment, a Single Judge Bench of the Delhi High Court comprising of Justice Anup Jairam Bhambhani on Tuesday while granting anticipatory bail to an accused charged under Scheduled Caste and Scheduled Tribe Act, 1989 held that the anticipatory bail application under Sec. POINTS OF CONSIDERATION BEFORE THE BENCH The High Court while dealing with the grant of …

Bail Granted Under SC/ST Atrocities Act May Be Recalled/ Cancelled Under Crpc; Procedure Under POCSO Act Prevails Over SC/ST Act: MP HC [Read Judgment]
4 years, 5 months ago

Bail Granted Under SC/ST Atrocities Act May Be Recalled/ Cancelled Under Crpc; Procedure Under POCSO Act Prevails Over SC/ST Act: MP HC [Read Judgment]

Live Law  

In a significant judgment, the Gwalior Bench of the Madhya Pradesh High Court discussed the scope of bail granted to an accused under the Scheduled Caste and Scheduled Tribes Act and it was held, "High Court can entertain application under Section 439 of Cr.P.C. Section 14-A of Atrocities Act provides that an appeal shall lie to the High Court against …

Public Prosecutor's Statement Cannot Be Said To Be Strictly Correct: SC Grants Bail To Accused Under Stringent Anti-Terror UAPA [Read Order]
4 years, 6 months ago

Public Prosecutor's Statement Cannot Be Said To Be Strictly Correct: SC Grants Bail To Accused Under Stringent Anti-Terror UAPA [Read Order]

Live Law  

The Supreme Court on Wednesday allowed the special leave petition of a Jodhpur-resident facing trial under the Unlawful Activities Act 1967, allegedly for facilitating the escape of a terror suspect. The Bench of Justices RF Nariman, Navin Sinha and KM Joseph enlarged the accused on bail, while holding that the Rajasthan High Court had erred in relying on the public …

POCSO Special Court Can Try Offences Under SC/ST(PoA) Act When Child-Victim Belongs To Scheduled Caste/Tribe : Bombay HC
4 years, 8 months ago

POCSO Special Court Can Try Offences Under SC/ST(PoA) Act When Child-Victim Belongs To Scheduled Caste/Tribe : Bombay HC

Live Law  

The Bombay High Court has held that in a case where the child subjected to abuse happened to be belonging to the Scheduled Caste or the Scheduled Tribe, procedure carved out in the Protection of Children From Sexual Offences Act of 2012 would not take away the powers of the Special POCSO Court to try the offences under the SC/ST …

Bar Against Grant Of Anticipatory Bail In SC-ST Act Does Not Disentitle Accused From Seeking Regular Bail After He Surrenders/Gets Arrested: Kerala HC [Read Order]
4 years, 8 months ago

Bar Against Grant Of Anticipatory Bail In SC-ST Act Does Not Disentitle Accused From Seeking Regular Bail After He Surrenders/Gets Arrested: Kerala HC [Read Order]

Live Law  

The Kerala High Court has observed that the bar against granting anticipatory bail in the Scheduled Castes and the Scheduled Tribes Act, does not disentitle the person accused of an offence under the Act from seeking regular bail, when he is arrested and produced before the court or when he surrenders or appears before the court. Justice Narayana Pisharadi was …

SC/ST Act valid, rules apex court
5 years, 1 month ago

SC/ST Act valid, rules apex court

Deccan Chronicle  

New Delhi: The Supreme Court on Monday upheld the amendment to the SC/ST Act by which Parliament had restored the stringent provisions of the law which were watered down by the court by its March 2018 judgment. Upholding the amendments to the SC/ST Act brought in to neutralise the dilution of the stringent provisions by the Supreme Court’s 2018 ruling, …

Section 438 (Anticipatory Bail) Has No Application To Cases Under SC/ST Act Except When There Is No Prima Facie Case Is Made Out: SC [Read Judgment]
5 years, 1 month ago

Section 438 (Anticipatory Bail) Has No Application To Cases Under SC/ST Act Except When There Is No Prima Facie Case Is Made Out: SC [Read Judgment]

Live Law  

The Supreme Court has observed that provisions of section 438 of the Code of Criminal Procedure shall not apply to the cases under Scheduled Castes and Scheduled Tribes Act, except when the complaint does not make out a prima facie case for applicability of the provisions of the Act.In cases where prima facie case is not made out, the bar. …

Supreme Court upholds Centre's 2018 amendments in SC/ST Atrocities Act, says no provision of anticipatory bail for accused
5 years, 1 month ago

Supreme Court upholds Centre's 2018 amendments in SC/ST Atrocities Act, says no provision of anticipatory bail for accused

Firstpost  

The top court also upheld Centre’s directive that anticipatory bail to the accused charged with atrocities against SC/ST will not be provided. No prior approval of appointing authorities for senior police officers is needed to file FIRs in cases of atrocities on SC and ST. #SupremeCourt upholds Govt's 2018 amendments in the SC/ST Act: * Preliminary enquiry not a must …

Supreme Court upholds SC/ST Amendment Act, new law has no provision for anticipatory bail
5 years, 1 month ago

Supreme Court upholds SC/ST Amendment Act, new law has no provision for anticipatory bail

India Today  

Supreme Court on Monday upheld the constitutional validity of the Scheduled Castes and Scheduled Tribes Amendment Act of 2018 enacted to nullify the effects of the March 20, 2018 judgment of the court which had diluted the provisions of the Act. In its September 30 verdict, the Supreme Court's three-judge bench had recalled its March 20, 2018 order that had …

Anticipatory Bail Can Be Granted In Cases Under SC/ST Atrocities Act : Madras HC [Read Order]
5 years, 3 months ago

Anticipatory Bail Can Be Granted In Cases Under SC/ST Atrocities Act : Madras HC [Read Order]

Live Law  

"A petition for anticipatory bail is maintainable even if the case has been registered under the Scheduled Castes and the Scheduled Tribes Act, 1989 ", stated the High Court of Madras led by bench, Justice G.R. based on this, it was held that the court has the power to grant anticipatory bail even in cases arising under the Scheduled Castes …

Supreme Court restores arrest rule in SC, ST cases
5 years, 6 months ago

Supreme Court restores arrest rule in SC, ST cases

Deccan Chronicle  

New Delhi: The Supreme Court on Tuesday said that laws to curb social discrimination are misused on account of human failing, and not because the castes or tribes sought to be protected were taking advantage of the law. Caste is not attributable to such an act.” “There is no presumption that the members of the Scheduled Castes and Scheduled Tribes …

SC/ST Act - To Attract Section 3(1)(s), Incident Must Happen Both In A Public Place And In Presence Of Public : Bombay HC [Read Order]
5 years, 6 months ago

SC/ST Act - To Attract Section 3(1)(s), Incident Must Happen Both In A Public Place And In Presence Of Public : Bombay HC [Read Order]

Live Law  

The Bombay High Court on Wednesday held that insult or humiliation must take place in the presence of or in the proximity of atleast one independent public witness in order for the offence to qualify as atrocity under the Scheduled Caste and Scheduled Tribe Act. Justice AM Badar granted anticipatory bail to one Salim Shaikh accused under Sections 354, 440, …

Will SC Order on GST-Related Arrests Revive ‘Inspector Raj’?
5 years, 9 months ago

Will SC Order on GST-Related Arrests Revive ‘Inspector Raj’?

The Quint  

An analysis of the judgment reveals that the doomsday scenario informing the professional and business community is somewhat exaggerated. Firstly, the High Court observed that until a prosecution is launched, no criminal proceedings can be taken to commence; that persons who are summoned under Section 70 and persons whose arrest is authorised under Section 69 are not to be treated …

'Not Prudent To Decide When SC Is Testing Validity Of Act' : Patna HC (FB) On Bar To Anticipatory Bail Under Bihar Prohibition Act [Read Judgment]
5 years, 10 months ago

'Not Prudent To Decide When SC Is Testing Validity Of Act' : Patna HC (FB) On Bar To Anticipatory Bail Under Bihar Prohibition Act [Read Judgment]

Live Law  

A Full Bench of the Patna High Court has declined to adjudicate on the validity of Section 76 of the Bihar Prohibition & Excise Act 2016, which bars application for anticipatory bail for offences under the ActThe bench of Justices Hemant Kumar Srivastava, Aditya Kumar Trivedi and Ashuthosh Kumar also overruled the judgment in Manish Kumar v State of Bihar, …

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