Introduction
The provision of “Anticipatory Bail” is under section 482 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023. The “Anticipatory Bail” is used to protect people from wrongful arrest and harassment against them but if the allegations are under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act,1989 known as SC/ST Act. Things changed when the SC/ST Act applied as the section 18 of the SC/ST Act bars “Anticipatory Bail” altogether with the aim of protecting the vulnerable communities from the threat and misuse of powers recently the supreme court clarified it.
The Legal Framework
The SC/ST Act was introduced to protect the vulnerable groups from caste-based exploitation. Section 18 of the SC/ST Act is known to be the backbone of the Act as it disallows the “Anticipatory Bail” which is under Section 482 of the BNSS. Disallowing the “Anticipatory Bail” has a very strong ground which is granting the pre-arrest bail could enable the offender to abscond, harass the victim and that will defeat the main goal of the SC/ST Act as the restriction is not arbitrary but essential to safeguard the dignity and security of vulnerable groups individuals by disallowing the “Anticipatory Bail” in SC/ST Act cases.
Supreme Court’s Landmark Ruling
- The concerned matter is Kiran v. Rajkumar Jivraj Jain & Anr (2025).
- The strict bar has been upheld by the Supreme Court of India on the “Anticipatory Bail” under section 18 of the SC/ST Act. The “Anticipatory Bail” can be considered in the rare situation where the F.I.R can’t reveal any offences under the Act or the allegations are absurd or lack the necessary elements which are necessary to constitute in SC/ST Act.
- It prevents false and vague cases from dragging the innocent people in the trial and the bench stated that the judges in the matter should not go on the fact- finding stage. They only must see that the F.I.R is showing the prima facie offences or not.
Conclusion
The “Anticipatory Bail” under the SC/ST Act sits at the crossroads of victim protection and individual liberty. Although section 18 blocks “Anticipatory Bail” outright the Supreme Court of India allows the narrow opening that if the F.I.R doesn’t disclose a valid offence bail can still be granted. This is the law that stop people from misusing it against the innocent people while keeping the primary purpose alive of protecting the vulnerable groups. We can say that the law strikes a careful balance between taking strict action but also protecting innocent people.
About the Author
Tushar Kumar is a final-year BBA-LLB student at Guru Gobind Singh Indraprastha University. With a strong interest in Intellectual Property Rights, he enjoys exploring how law interacts with innovation and creativity. He’s equally passionate about legal writing, Research and believes in making complex legal ideas easier to understand through clear articles. Tushar continues to deepen his understanding of the law while contributing thoughtful pieces on contemporary legal issues.