Section 18A SC/ST Act: No enquiry or approval required

Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989

Section 18A SC/ST Act at a Glance

Section 18A SC/ST Act states that no preliminary enquiry is required for an FIR and no approval is required for a necessary arrest. It also bars anticipatory bail under section 438 of the Code despite any court order.

Section 18A SC/ST Act Bare Act Text

18A. No enquiry or approval required.

(1) For the purposes of this Act,—

(a) preliminary enquiry shall not be required for registration of a First Information Report against any person; or

(b) the investigating officer shall not require approval for the arrest, if necessary, of any person, against whom an accusation of having committed an offence under this Act has been made and no procedure other than that provided under this Act or the Code shall apply.

(2) The provisions of section 438 of the Code shall not apply to a case under this Act, notwithstanding any judgment or order or direction of any Court.

Amendments to this section
  • Ins. by Act 27 of 2018, s. 2 (w.e.f. 20-8-2018).

Section 18A SC/ST Act in Simple Words

Section 18A SC/ST Act sets direct rules for registering a First Information Report (FIR), making an arrest, and excluding anticipatory bail in cases under the SC/ST Act. Section 18A SC/ST Act was inserted by Act 27 of 2018, with effect from 20 August 2018.

Under Section 18A(1)(a) SC/ST Act, a preliminary enquiry is not required for registering a First Information Report against any person for the purposes of the SC/ST Act. Under Section 18A(1)(b) SC/ST Act, where an accusation of having committed an offence under the SC/ST Act has been made against any person, the investigating officer does not require approval to arrest that person if arrest is necessary. Section 18A(1)(b) SC/ST Act adds that no procedure other than the procedure provided under the SC/ST Act or the Code applies.

Under Section 18A(2) SC/ST Act, the provisions of section 438 of the Code (anticipatory bail, which Section 18 SC/ST Act also excludes) do not apply to a case under the SC/ST Act, despite any judgment, order or direction of any court. Under Section 2 SC/ST Act, 'the Code' means the Code of Criminal Procedure, 1973. The Act still refers to the Code of Criminal Procedure, 1973, which the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) replaced from 1 July 2024; anticipatory bail is now Section 482 BNSS.

When Section 18A SC/ST Act Applies

  • No preliminary enquiry is required to register a First Information Report against any person for the purposes of the SC/ST Act.
  • Where a person is accused of an offence under the SC/ST Act, the investigating officer needs no approval to arrest that person if arrest is necessary.
  • Only the procedure provided under the SC/ST Act or the Code of Criminal Procedure, 1973 applies.
  • Section 438 of the Code (anticipatory bail) does not apply to a case under the SC/ST Act, despite any judgment, order or direction of any court.

Example of Section 18A SC/ST Act

Madhuri, a member of a Scheduled Tribe in Durgapur, goes to the local police station and reports that Lalit committed an offence of atrocity punishable under Section 3 SC/ST Act against Madhuri. Under Section 18A(1)(a) SC/ST Act, the police register a First Information Report against Lalit without conducting a preliminary enquiry. Omkar, the investigating officer assigned to the case, finds that arresting Lalit is necessary during the investigation. Under Section 18A(1)(b) SC/ST Act, Omkar arrests Lalit following the procedure under the SC/ST Act and the Code, without needing approval from another authority.

FAQs on Section 18A SC/ST Act

What is Section 18A SC/ST Act?▼

Section 18A SC/ST Act states that for the purposes of the SC/ST Act, no preliminary enquiry is required to register a First Information Report and no approval is required for the investigating officer to make a necessary arrest of an accused person. Section 18A(2) SC/ST Act also states that section 438 of the Code of Criminal Procedure, 1973 (anticipatory bail) does not apply to a case under the SC/ST Act, despite any judgment, order or direction of any court.

Is a preliminary enquiry required before registering an FIR under Section 18A(1)(a) SC/ST Act?▼

No. Under Section 18A(1)(a) SC/ST Act, a preliminary enquiry is not required for registering a First Information Report against any person for the purposes of the SC/ST Act.

Does the investigating officer need approval before arresting an accused person under Section 18A(1)(b) SC/ST Act?▼

No. Under Section 18A(1)(b) SC/ST Act, the investigating officer does not require approval for the arrest, if necessary, of any person accused of having committed an offence under the SC/ST Act.

Can another procedure outside the SC/ST Act or the Code govern arrest under Section 18A(1)(b) SC/ST Act?▼

No. Section 18A(1)(b) SC/ST Act states that no procedure other than the procedure provided under the SC/ST Act or the Code of Criminal Procedure, 1973 applies.

Does a court order make section 438 of the Code applicable despite Section 18A(2) SC/ST Act?▼

No. Section 18A(2) SC/ST Act bars section 438 of the Code (anticipatory bail) in a case under the SC/ST Act despite any judgment, order or direction of any court.

Has the Supreme Court upheld Section 18A SC/ST Act?▼

Yes. In Prathvi Raj Chauhan v. Union of India (2020), the Supreme Court upheld Sections 18 and 18A SC/ST Act but held that where a complaint does not make out a prima facie case under the Act, the bar does not apply and a court may grant anticipatory bail.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 ·