Which of these provisions of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities)…
Section 18 excludes the ordinary anticipatory-bail provision when the allegations disclose a prima facie offence under the Act. Section 18A(2) reinforces that exclusion. The…
Choose your answer
Which of these provisions of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, expressly excludes the ordinary anticipatory-bail provision where a prima facie offence under the Act is disclosed?
Answer and explanation
Correct answer A
Section 18 excludes the ordinary anticipatory-bail provision when the allegations disclose a prima facie offence under the Act. Section 18A(2) reinforces that exclusion.
The Supreme Court has held that the bar does not apply where the allegations fail to disclose a prima facie offence under the Act.
Option feedback
Option A
Section 18 expressly excludes the general anticipatory-bail provision for cases to which its bar applies.
Option B
Section 19 concerns the exclusion of probation-related provisions for persons above eighteen years of age who are found guilty under the Act.
Option C
Section 20 gives the Act overriding effect over inconsistent law.
Option D
Section 21 concerns measures the government must take for effective implementation of the Act.
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Karnataka Higher Judicial Service