How to Get Bail in False SC/ST Case

The Prevention of Atrocities Act, passed by the Indian government in 1989, defines atrocities as crimes committed against members of the SC and ST schedules. It describes procedures and penalties for coming across such conduct or crimes. This Act seeks to end the harmful practice of untouchability while also reducing and regulating violence towards SCs and STs.

But during the last few years, there has been a noticeable rise in filing false cases under this act and its misuse.

The Prevention of Atrocities Act has offenses that are both cognizable and non-bailable. This suggests that if any offense against the SC/ST is committed in violation of the said Act, police have the authority to arrest without a warrant. Additionally, no bail may be given if the criminal is detained subject to the Act until and unless there exists no prima facie case.

Offenses under Prevention of Atrocities Act

  • Eating or drinking anything that isn't edible- It is an atrocity crime and is punished under the SC/ST Act when people of other communities force SC/STs to consume any inedible or dangerous substance.
  • Dumping Excreta/Waste- Excreta or waste material being dumped close to an SC/ST person's home is an outrage and a criminal offense. This causes them inconvenience, insult, or harm.
  • According to the Act, denying SC/ST people their desired voting rights is illegal.
  • Denying them the right to their land, water, or other properties or preventing them from cultivating their land
  • According to the Act, it is also illegal to make SC/ST people beg or work as bonded laborers.
  • Denying access to safe drinking water is illegal according to this act.
  • Publicly defaming or insulting is an offense under this act.
  • The SC/ST Act outlines false criminal accusations that result in the detention of SC/ST people as an offense.

SC/ST Prevention of Atrocities Act: Bailable or Not?

As I mentioned above, unless a bail application is filed to the Magistrate, offenses under the said Act are not subject to bail. If any offense was committed violating the Atrocities Act's provisions, one might submit a bail application to the Sessions Court. The Sessions Court has jurisdiction over these offenses.

If the Sessions Court denies the accused's request for bail, the accused may file a petition with the High Court. An accused person seeking regular bail must submit a criminal appeal with the High court u/s 14(A) 2 of the Prevention of Atrocities Act.

But according to a decision made by the Kerala High Court in 2022, a request for anticipatory bail can only be submitted before the Special Court or the Exclusive Special Court. According to Sections 438 and 482 of Crpc, the High Court lacks both concurrent and original jurisdiction.

Can a Court Grant Anticipatory Bail in a Case involving SC/ST?

According to the Gujarat High Court, the Court can grant anticipatory bail in the case involving SC/ST, if:

  • No abuses are hurled, and the case reeks of fabrication or falsification.
  • No prima facie case was made
  • The complaint is determined to be prima facie mala fide. 

You will need a lawyer to file complaints, draft bail applications, and other legal procedures. If a person trapped in this situation wants to prepare or draft an application for anticipatory bail in Delhi, then a Top Lawyers in Delhi can be appointed. Likewise, Top Lawyers in Mumbai can be assigned if cases are filed in Mumbai.

For instance, applying for anticipatory bail should be done immediately if you are concerned that your maidservant would file an FIR against you.

You should be aware that an anticipatory bail won't be issued unless it can be demonstrated that there is no case to be made against you and the accusations are untrue. It is best to do this by getting in touch with experienced lawyers prepared to handle such delicate matters.

You can talk to a Lawyer in Delhi through Lead India Law. Lead India Law provides access to free legal advice by providing you with the opportunity to ask a legal question free online.

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