Anticipatory or pre-arrest bail is sought by a person who apprehends arrest in an FIR that is registered or likely to be registered against him in a non-bailable offence. It is presently governed by Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (earlier, Section 438 of the Criminal Procedure Code, 1973).
On the contrary, to curb the historical atrocities committed against Scheduled Castes and Scheduled Tribes, parliament enacted the SC & ST Act in 1989.
Besides other things, the Act's Section 18 contemplates not granting anticipatory bail to non-SC/ST people if the FIR is registered against them for committing any of the atrocities prescribed under Section 3, such as different forms of untouchability, insult, etc.
Due to the likely misuse of the SC & ST Act, the SC in Subhash Kashinath Mahajan vs Maharashtra (2018) held that there is no bar against granting anticipatory bail in cases registered under the Act if no prima facie case (based on first impression) is made out, and further held that the arrest of a non-SC/ST person can be made only after approval from the senior superintendent of police or appointing authority if the accused is a public servant.
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