In general, offences under the SC/ST (Prevention of Atrocities) Act, 1989 are treated as non-bailable. This means that an accused person does not have an automatic right to bail and must approach the appropriate criminal court for grant of bail after arrest. The Act, especially through Sections 18 and 18A, reinforces this non-bailable character and limits the availability of anticipatory bail. However, bail can still be granted by courts on merits after arrest, subject to judicial scrutiny.
Introduction
The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (commonly referred to as the SC/ST Act) is a landmark social justice legislation in India. It was enacted to curb caste-based discrimination, humiliation, violence, and systemic oppression faced by members of Scheduled Castes (SC) and Scheduled Tribes (ST). The Act criminalizes a broad range of caste-motivated offences, including physical violence, social and economic boycotts, sexual exploitation, verbal humiliation, and abuse of public authority.
When an offence is registered under the SC/ST Act, questions arise about the legal procedure that follows — particularly with respect to arrest and bail. Whether an offence under this Act is bailable or non-bailable is a crucial concern for both victims seeking justice and accused individuals confronting criminal liability.
This blog post provides a detailed, structured, and comprehensive analysis of the bailability regime under the SC/ST Act, including:
- Statutory provisions
- Bail concepts and classifications
- Anticipatory and regular bail
- Judicial interpretations
- Practical implications
- Case law and procedural guidance
- Conclusion
1. Bail: An Overview — Concepts and Definitions
Before analyzing the SC/ST Act specifically, it is important to understand what bail means in general criminal law.
1.1 What Is Bail?
Bail is a judicial order that allows an accused person to go free from custody while the criminal case is pending. It is a constitutional and statutory right subject to legal conditions.
1.2 Classification of Bail
Bail in Indian criminal law is classified as:
| Category | Description |
|---|---|
| Anticipatory Bail | Relief granted before arrest when a person anticipates arrest for a non-bailable offence (under Section 482 BNSS or corresponding provisions) |
| Regular Bail | Relief granted after arrest for either bailable or non-bailable offences (Section 480/483 BNSS or corresponding provisions) |
1.3 Bailable vs Non-Bailable Offences
- Bailable Offences: The accused has a right to be released on bail once the bail application or bail bond is properly submitted.
- Non-Bailable Offences: Bail is not a right; it is granted at the discretion of the court, which weighs multiple factors such as seriousness of the offence, likelihood of flight, tampering with evidence, and risk of intimidation.
The legal classification of an offence as bailable or non-bailable significantly influences how bail is approached in practice.
2. Statutory Classification of Offences Under the SC/ST Act
2.1 Are SC/ST Act Offences Bailable or Non-Bailable?
Under the SC/ST (Prevention of Atrocities) Act, 1989, most offences are cognizable and non-bailable.
This means:
- Police can arrest without warrant once an offence is registered.
- The accused cannot claim bail as a matter of right.
- Bail must be sought through judicial discretion.
Most sections under the Act are cognizable, non-bailable, and serious in nature because they deal with caste-based oppression and public interest.
2.2 Sections 18 and 18A: Explicit Restrictions on Bail
The most authoritative statutory source on the non-bailable nature of SC/ST Act offences is Section 18 and its extension through Section 18A:
Section 18 (Original Clause in the Act)
- States that Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) (which deals with “anticipatory bail”) shall not apply to any case involving an offence under the Act.
Section 18A (Inserted by the Amendment Act of 2018)
- Reinforces the following:
- No preliminary inquiry is required before registration of an FIR for an offence under this Act.
- No approval is required for arrest.
- Section 482 BNSS (Anticipatory Bail) shall not apply in cases involving arrest under this Act.
2.3 Impact of Section 18/18A
- Anticipatory bail is expressly barred under the Act.
- This is a statutory recognition of the social purpose of the law — to ensure that perpetrators do not evade immediate investigation and arrest.
- It also reflects the legislative intent to prevent the misuse of anticipatory bail to intimidate victims or deter reporting.
3. Interplay Between Anticipatory and Regular Bail Under the SC/ST Act
3.1 Anticipatory Bail
As noted:
- Anticipatory bail is generally not available in SC/ST Act cases due to Section 18 and Section 18A.
- Courts can grant anticipatory bail only in very limited and exceptional cases where no prima facie case is made out and the allegations do not establish an offence under the Act.
This position was upheld by the Supreme Court in Prathvi Raj Chauhan v. Union of India (2020), where the constitutional validity of Section 18A was upheld, but the Court clarified that judicial oversight remains available where the allegations do not disclose ingredients of atrocities.
3.2 Regular Bail
Once the accused is arrested, the question shifts to regular bail, which courts may grant at their discretion.
- Regular bail may be granted by:
- Trial Court
- Sessions Court
- High Court
- Supreme Court
Depending on the facts and merits, courts evaluate:
- Gravity of the offence
- Evidence against the accused
- Possibility of intimidation of witnesses
- Tampering with evidence
- Risk of absconding
- Conduct post-arrest
Even though the law treats the offence as non-bailable, regular bail is still possible.
4. Judicial Interpretation of Bail Under the SC/ST Act
4.1 Supreme Court’s Approach
The Supreme Court has consistently exercised a balanced approach:
- Upholding the non-bailable character of SC/ST Act offences.
- Recognizing judicial power to prevent abuse of process, especially where no prima facie case exists.
- Emphasizing that prompt arrest and investigation should not be handicapped by anticipatory bail.
In Prathvi Raj Chauhan v. Union of India (2020), the Court stated:
- Sections 18 and 18A do not completely oust judicial discretion.
- Where no prima facie case is made out, courts can consider bail.
- Courts must ensure justice to both victims and accused.
This judgment clarified that while anticipatory bail is generally barred, judicial scrutiny remains available to prevent arbitrary arrests or malicious use of the Act.
4.2 High Court Jurisprudence
Various High Courts have echoed this balanced view:
- Denying anticipatory bail in typical atrocity cases.
- Granting regular bail where:
- No prima facie offence exists,
- Allegations are vague,
- The accused was falsely implicated,
- Police investigation is complete and benefits the accused.
These cases reaffirm that the non-bailable tag does not forbid bail entirely; it only ensures that bail is not automatic and must be granted on careful judicial examination.
5. Practical Application: Bailable vs Non-Bailable
5.1 Why SC/ST Act Offences Are Non-Bailable
The following reasons explain the legislative and judicial approach:
- Seriousness and Social Impact: Caste atrocities have deep social ramifications; leniency at early stages could perpetuate intimidation.
- Victim Protection: Non-bailability deters perpetrators from leveraging bail to threaten or coerce victims and witnesses.
- Deterrence: Strict bail norms serve as a deterrent against caste-based crimes.
- Prompt Investigation: Arrests without anticipatory bail ease evidence collection and investigation integrity.
5.2 When Regular Bail Is Granted
Despite the non-bailable nature, courts have granted regular bail in cases where:
- No valid case is made out under SC/ST Act provisions.
- The incident was a civil dispute without caste elements.
- The accused cooperated with investigation.
- There was delay or negligence from the complainant’s side.
- Evidence did not support the charge.
Note: Each case is decided on its own facts with a careful balance between victim rights and accused liberties.
6. Procedure for Seeking Bail in SC/ST Act Cases
6.1 Bail After Arrest
Once arrested under SC/ST Act allegations:
- Appear before the Magistrate within 24 hours.
- Apply for regular bail under Section 480/483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) or corresponding provisions in the Bharatiya Nagarik Suraksha Sanhita, 2023.
- Present grounds such as:
- Lack of prima facie evidence,
- Vague or false allegations,
- Cooperative attitude,
- Health issues,
- Personal circumstances.
6.2 Role of Special Courts
SC/ST Act offences are tried in:
- Special Courts or
- Exclusive Special Courts
These courts also decide bail applications, considering:
- Investigation records
- Witness statements
- Likelihood of intimidation
- Gravity of offence
6.3 High Court and Supreme Court Remedies
If bail is denied at lower courts:
- High Court can be approached under its appellate / revision powers.
- Supreme Court may intervene under constitutional jurisdiction if fundamental rights are impacted.
7. Safeguards Against Misuse
While non-bailability serves social objectives, courts are vigilant to prevent misuse:
- Quashing FIRs: When no prima facie offence is made out, courts may quash proceedings.
- Judicial Scrutiny: Courts can grant bail where allegations are malicious or false.
- Balance of Interests: Protecting victims without creating undue hardship for the accused.
A landmark example is Hitesh Verma v. State of Uttarakhand (2020), where the Supreme Court held that the SC/ST Act applies only when caste identity is the basis of offence; otherwise, normal legal principles govern bail.
8. Case Scenarios Illustrating Bail Principles
8.1 Scenario: Clear Atrocity with Physical Violence
- Victim belongs to SC/ST.
- Caste slurs and physical assault are established.
Likely Bail Outcome:
Non-bailable; regular bail only if judicial discretion finds lack of strong evidence or procedural irregularities.
8.2 Scenario: Verbal Abuse Without Caste Link
- Personal altercation with no caste element.
Likely Bail Outcome:
ACt may not apply; sections of IPC may apply; bail rules under IPC prevail.
8.3 Scenario: Delayed FIR and Weak Evidence
- FIR registered but lacks substance.
- Investigation shows weak case.
Likely Bail Outcome:
Court may grant regular bail even on SC/ST Act charges after careful review.
8.4 Scenario: Workplace Dispute Wrongly Tagged as Atrocity
- Workplace conflict with no caste element.
Likely Bail Outcome:
Court may quash SC/ST Act charges; bail likely granted if no prima facie case.
9. Role of Evidence and Prima Facie Case
A major factor in bail decisions under the SC/ST Act is whether a prima facie case is made out. Courts often examine:
- Whether the victim belongs to SC/ST
- Whether the offence was committed because of caste status
- Whether the conduct fits the statutory definition of atrocities
- Whether witnesses support the allegations
- Whether investigation mishandled evidence
If the answer suggests lack of caste motive or insufficient evidence, courts become more open to bail.
10. Bail in Specific Contexts: Digital and Workplace Cases
The SC/ST Act is not limited to traditional physical or public settings. Courts have extended its principles to:
- Social media abuse where caste slurs target SC/ST individuals
- Workplace harassment where caste identity is the basis of discriminatory conduct
In such cases, bail principles remain the same: non-bailable at the outset, regular bail only on merits.
11. Frequently Asked Questions (FAQs)
Q1. Is anticipatory bail completely barred under the SC/ST Act?
According to Sections 18 and 18A, anticipatory bail is generally barred, except in rare cases where courts find no prima facie case.
Q2. Can a court grant bail at any stage?
Yes, courts can grant regular bail at any stage after arrest, based on merits and considering prima facie evidence.
Q3. Are all offences under the SC/ST Act non-bailable?
Most are non-bailable, especially the cognizable ones listed under Section 3. However, mere absence of caste motive may lead courts to treat the situation under “ordinary” criminal law.
Q4. Does refusal to investigate attract bail?
If police negligently investigate, courts may lean toward bail, especially if the accused shows cooperation and lack of evidence.
Q5. Can bail be granted before charge sheet filing?
Yes, on regular bail application after arrest, even if the charge sheet is not filed, courts may grant bail based on merit.
Conclusion
The SC/ST (Prevention of Atrocities) Act, 1989 is a powerful legal tool to protect historically marginalized communities from caste-based atrocities. Its non-bailable character underscores the seriousness with which Parliament intended to treat such offences, recognizing their social and psychological impact.
While the law takes a firm stand against anticipatory bail, it does not completely rule out judicial discretion. Regular bail is available, but only after careful judicial scrutiny and based on facts and evidence. The non-bailable nature does not mean automatic custody; rather, it ensures that bail is considered thoughtfully, balancing the rights of the victim and the accused.
Understanding the bail regime under the SC/ST Act is crucial for:
- Victims (to know how justice proceeds)
- Accused persons (to know legal remedies)
- Lawyers (to frame effective bail strategies)
- Police and judiciary (to uphold justice without prejudice)
Ultimately, the Act aims to reinforce constitutional values of dignity, equality, and justice—ensuring that caste-based atrocities are not trivialized or treated like ordinary offences. By aligning the bail principles with its protective purpose, the law strives to deter wrongdoing while accommodating fairness within the legal process.
Disclaimer: This information is intended for general guidance only and does not constitute legal advice. Please consult with a qualified lawyer for personalized advice specific to your situation.
Advocate J.S. Rohilla (Civil & Criminal Lawyer in Indore)
Contact: 88271 22304