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Under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, which one of the following is not permitted ?
Explanation
Under Section 18 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, the provision for anticipatory bail (Section 438 of the CrPC/Section 482 of BNSS) is expressly excluded. This means a person accused of an offence under this Act cannot seek bail in anticipation of arrest.
The SC/ST (Prevention of Atrocities) Amendment Act, 2018, introduced Section 18A to nullify a Supreme Court judgment that had introduced safeguards. This amendment explicitly permits the registration of an FIR without a preliminary enquiry (Option B) and the arrest of an accused without prior approval (Option C). While anticipatory bail is prohibited, regular bail (Option D) is still permitted, provided the court follows the procedural requirements, such as giving notice to the public prosecutor and hearing the victim or informant as per Section 15A of the Act.