SC/ST Act Alone Can't Automatically Block Pre-Arrest Bail: Supreme Court

While hearing a case from Gujarat, a bench of Justice JB Pardiwala and Justice Ujjal Bhuyan held that Section 18 of the SC/ST Act cannot be applied in a mechanical manner at the anticipatory bail stage. The court stated it is the duty of courts to prima facie determine whether an offence under the SC/ST Act is made out before denying anticipatory bail, and that the applicability of Section 18 depends on the facts and circumstances of each case and the allegations in the FIR. The matter involved the accused charged under Section 69 of the Bharatiya Nyaya Sanhita along with provisions of the SC/ST Act. According to the FIR, the accused allegedly entered into a physical relationship with the complainant on the promise of marriage and later refused to marry; the complainant belonged to a Scheduled Caste, and the FIR alleged that the accused was aware of her caste identity and asked her to conceal it. The ruling underscores that Section 18 does not completely bar judicial scrutiny at the anticipatory bail stage and has implications for cases where SC/ST Act provisions are invoked alongside other charges.

In March 2026, the Gujarat High Court rejected the accused's anticipatory bail plea, noting that the allegations were serious in nature. The High Court had also refused to accept the accused's argument that financial difficulties prevented him from proceeding with the marriage.