The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2018

FOCUS

The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2018, is an amendment to the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. It received presidential assent on August 17, 2018.

The 2015 Amendment to this Act changed and expanded considerable portions of the principal Act. In comparison, this 2018 Amendment is much shorter and only adds one sub-section – 18A.

    FACTOIDS

  1. What additions does this Amendment make to the principal Act?

    It states that the registration of a FIR (first information report) under this Act will not need preliminary enquiries. The investigating officer shall not need approval to arrest a person accused of committing an offence under this Act – only procedures specified under this Act or the Code of Criminal Procedure shall be applicable.

  2. What does the Amendment add about bail?

    It notes that the provisions in section 438 of the Code of Criminal Procedure [Direction for grant of bail to person apprehending arrest] will not apply to a case under this Act regardless of directions or orders from any Court. Under this, individuals accused of committing an offence under this Act will not be able to seek anticipatory bail.


    Focus and Factoids by Daanish Narayan.

AUTHOR

Ministry of Law and Justice

COPYRIGHT

Government of India

PUBLICATION DATE

17 Aug, 2018

TAGS

#scheduled-caste #prevention-of-atrocities #amendment #scheduled-tribe

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