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Q120 (CISF/2023) Polity & Governance › Governance, Policies & Social Justice

Which new provision has been added to the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 vide its 2018 amendment ?

Explanation

The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2018, inserted Section 18A into the original 1989 Act. This amendment was introduced to nullify the Supreme Court's judgment in Subhash Kashinath Mahajan v. State of Maharashtra (2018), which had mandated preliminary inquiries and prior approval for arrests to prevent misuse of the law.

Section 18A explicitly states that:

  • A preliminary inquiry shall not be required for registration of an FIR against any person.
  • The investigating officer shall not require approval for the arrest of any person.
  • The provisions of Section 438 of the CrPC (anticipatory bail) shall not apply to cases under this Act, notwithstanding any judgment or order of any Court.

In contrast, Sections 14A and 15A were added by the 2015 amendment, while Section 15 was present in the original 1989 Act.

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SIMILAR QUESTIONS

CISF · 2020 · Q127 Relevance score: 4.63

Under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, which one of the following is not permitted ?

NDA-I · 2014 · Q83 Relevance score: 4.61

The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 may be seen as giving effect to which of the following Fundamental Rights? 1. Equality before the Law 2. Right against Discrimination 3. Abolition of Untouchability 4. Right to Freedom of Religion Select the correct answer using the code given below.

CDS-II · 2016 · Q111 Relevance score: 4.59

Which of the following are constitutional provisions and laws for the protection of the rights of the Scheduled Castes in India? 1. Article 17 of the Constitution of India 2. The Protection of Civil Rights Act, 1955 3. The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 Select the correct answer using the code given below.

CDS-II · 2017 · Q70 Relevance score: 1.92

Consider the following statements about the Scheduled Castes and the Scheduled Tribes under the provisions of the Constitution of India : 1. State can make any special provision relating to their admission to the Government educational institutions. 2. State can make any special provision relating to their admission to the private educational institutions aided by the State. 3. State can make any special provision relating to their admission to the private educational institutions not aided by the State. 4. State can make any special provision relating to their admission to the minority educational institutions as described in Article 30. Which of the statements given above are correct?