Section 18A of SC/ST Prevention of Atrocities Act, 1989 : Section 18A: No Enquiry Or Approval Required

Explanation using Example

Imagine a scenario where a member of a Scheduled Caste is verbally abused in public by a person using caste-based slurs, which is an offence under The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. The victim approaches the police to file a complaint.

In applying Section 18A of the Act:

• The police officer is not required to conduct a preliminary enquiry before registering the First Information Report (FIR) based on the victim's complaint.
• If the evidence suggests the accused has committed the offence, the investigating officer can arrest the accused without seeking any approval.
• Additionally, if the accused tries to apply for anticipatory bail under section 438 of the Code of Criminal Procedure, it would not be applicable in this case as per the provisions of Section 18A.

This ensures that the complaint is acted upon swiftly and the accused cannot evade arrest through anticipatory bail, providing a measure of immediate protection to the victim.