Podcast Beta
Questions and Answers
Which section of the SC/ST (Prevention of Atrocities) Act, 1989 bars the application of anticipatory bail?
Which section of the Criminal Procedure Code (CrPC) provides for anticipatory bail?
In which recent case did the Supreme Court rule that the bar on anticipatory bail under the SC/ST Act does not apply unless a prima facie case is made?
What does the SC/ST Act, 1989 primarily aim to address?
Signup and view all the answers
According to the recent Supreme Court ruling, what is required for the bar on anticipatory bail to be applicable under the SC/ST Act?
Signup and view all the answers
Which of the following is a key feature of Section 18 of the SC/ST Act?
Signup and view all the answers
What was the Supreme Court's observation regarding mere insult of a member of SC/ST under the SC/ST Act?
Signup and view all the answers
Under which condition can anticipatory bail be granted even if an offense under the SC/ST Act is alleged?
Signup and view all the answers
Which Indian legal case dealt with the misuse of anticipatory bail provisions under the SC/ST Act?
Signup and view all the answers
Which of the following is a key objective of the SC/ST (Prevention of Atrocities) Act, 1989?
Signup and view all the answers
What is anticipatory bail intended for in general legal practice?
Signup and view all the answers
What does the recent Supreme Court judgment state about the nature of insult under the SC/ST Act?
Signup and view all the answers
Which of the following is a key requirement for invoking the SC/ST Act in cases of intimidation?
Signup and view all the answers
In which year was the SC/ST (Prevention of Atrocities) Act enacted?
Signup and view all the answers
What was the ruling of the Supreme Court in relation to anticipatory bail under the SC/ST Act in cases where a prima facie case of atrocities is not established?
Signup and view all the answers
Study Notes
Anticipatory Bail Under SC/ST Act
- Section 18 of the SC/ST (Prevention of Atrocities) Act, 1989 bars anticipatory bail for offenses under the Act.
- Section 438 of the Criminal Procedure Code (CrPC) provides for anticipatory bail in general.
- The Supreme Court in Subhash Kashinath Mahajan vs.State of Maharashtra ruled that the bar on anticipatory bail under the SC/ST Act does not apply unless a prima facie case of atrocities is made.
- The SC/ST Act aims to prevent atrocities and discrimination against individuals belonging to Scheduled Castes (SC) and Scheduled Tribes (ST).
- The Supreme Court ruled that only intentional insult or intimidation based on caste identity is punishable under the SC/ST Act, not mere insult.
- Anticipatory bail can be granted even in cases where an offense under the SC/ST Act is alleged if there is no prima facie case of caste-based atrocities.
- The SC/ST (Prevention of Atrocities) Act was enacted in 1989.
- The Supreme Court ruled that anticipatory bail can be considered in SC/ST Act cases where a prima facie case of atrocities is not established.
Key Concepts
- Anticipatory Bail: A legal provision allowing individuals to seek pre-arrest bail in anticipation of being arrested for a non-bailable offense.
- Prima Facie Case: A preliminary assessment of evidence that suggests a sufficient basis for a legal claim or a criminal charge.
- Caste Identity: An individual's social and hierarchical position within a caste system, often associated with occupation, ritual status, and historical lineage.
- Atrocities: Acts of violence, harassment, intimidation, or discrimination based on caste or tribal identity.
- SC/ST Act: The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, which aims to combat caste-based atrocities.
Studying That Suits You
Use AI to generate personalized quizzes and flashcards to suit your learning preferences.
Related Documents
Description
Explore the legal nuances surrounding anticipatory bail under the SC/ST (Prevention of Atrocities) Act. This quiz delves into significant rulings by the Supreme Court and the implications for offenses related to caste discrimination. Understand the provisions of the SC/ST Act and how they interact with the Criminal Procedure Code.
