Section 18 of SC/ST Prevention of Atrocities Act, 1989 : Section 18: Section 438 Of The Code Not To Apply To Persons Committing An Offence Under The Act

Explanation using Example

Imagine a scenario where Mr. A, who belongs to a Scheduled Caste, files a complaint against Mr. B alleging that Mr. B publicly humiliated him on the basis of his caste. Mr. B is accused of committing an offence under The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. Mr. B seeks to apply for anticipatory bail under Section 438 of the Code of Criminal Procedure, which allows a person to seek bail in anticipation of being arrested on accusation of having committed a non-bailable offence.

However, Section 18 of The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act specifies that the provision for anticipatory bail under Section 438 of the Code of Criminal Procedure is not applicable to cases under this Act. Therefore, Mr. B would not be able to secure anticipatory bail in this situation and may be arrested by the police without the possibility of being granted bail in advance of his arrest.