Responding to widespread concern

Responding to widespread concern

News:

1. Recently, the SC/ST amendment Bill overcomes the March 20 judgment of the Supreme Court by amending the 1989 Act to introduce Section 18A.

Important facts:

2. Recently, the Supreme Court gave verdict on the SC/ST (Prevention of Atrocities) Amendment Bill 2018.

3. The 2018 Bill overrides the apex court judgment, which restricted the powers of the police under the Code of Criminal Procedure to arrest a suspect.

4. The court in its judgment held that:

• The court read down a specific bar in the Atrocities Act of 1989 against anticipatory bail.
• Accused persons were not allowed to seek anticipatory bail to thwart arrest.
• The arrest of the accused persons should be approved by the Senior Superintendent of Police concerned.

5. The judgment reasoned that following arguments for the same:

• Many false cases are charged on innocent persons under the 1989 Act and fundamental rights of such persons to be protected.
• For this, the court verdict that a Deputy Superintendent of Policy should conduct a “preliminary inquiry” into every complaint of atrocity.

6. The provision of the Bill highlights that:

• The provision of the Code of Criminal Procedure provide that information relating to commission of an offence should be recorded if the probe officer has “reason to suspect the commission of an offence”.
• The investigating officer can arrest a person and there is no requirement of conducting a preliminary inquiry before recording information.
• Section 41 of the CrPC implies that once the investigating officer has reasons to suspect that an offence has been committed, he can arrest an accused.
• The Bill brings back the bar on accused seeking anticipatory bail.
• The provisions of Section 438(anticipatory bail) of the Code shall not apply to a case under this Act, notwithstanding any judgment/order of any court.

7. The government moved the SC for reconsideration of is judgment because it led to widespread violence across the country.