ANTICIPATORY BAIL IS PERMISSIBLE UNDER SC/ST ACT ONLY IF PRIMA FACIE OFFENCE ISN'T MADE OUT: SUPREME COURT

ANTICIPATORY BAIL IS PERMISSIBLE UNDER SC/ST ACT ONLY IF PRIMA FACIE OFFENCE ISN'T MADE OUT: SUPREME COURT

The Supreme Court of India handed a landmark ruling on the issue of anticipatory bail based on the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (SC/ST Act) on September 3, 2025. The Court expressed the view that under Section 18 of the SC/ST Act, the anticipatory bail is usually prohibited. There is, however, the exception that where the First Information Report (FIR) fails to reveal a prima facie case as provided by the Act, then the court can exercise its discretion to grant anticipatory bail. In the present case, the complainant complained that the accused had abused him using a casteist slur, assaulted him using an iron rod and threatened to burn his house. The accused had been given anticipatory bail by the Bombay High Court. This order was overruled in the Supreme Court, where the claims on the allegations, assuming their true nature, were a prima facie offence in the SC/ST Act, Section 3. The Court made it clear that anticipatory bail cannot be given unless the FIR itself indicates that there is no prima facie case under the Act. This decision highlights how the judiciary will protect the rights of Scheduled Castes and Scheduled Tribes by making sure that the provisions of the SC/ST Act are not avoided under anticipatory bail unless in exceptional circumstances.