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SC on anticipatory bail in caste crime

1 min read

Supreme Court Ruling on Anticipatory Bail in Caste Crimes Case

Background

The Supreme Court of India annulled a Bombay High Court decision that granted anticipatory bail in a caste crime case involving Kiran vs Rajkumar Jivaraj Jain.

Supreme Court's Findings

  • Section 18 of the SC/ST Act: Bars anticipatory bail to protect victims and ensure effective prosecution.
  • The ruling referenced cases like State of M.P. vs Ram Krishna Balothia (1995) to support its decision.
  • Caste-based assault and electoral coercion fit within the Act’s offences, negating anticipatory bail.
  • Court emphasized avoiding "mini-trials" during bail considerations.
  • Public insults and assaults fall under Section 3(1)(r), while electoral retaliation is under Section 3(1)(o).

Implications

  • Reinforces the substantive protection offered by the SC/ST Act.
  • Prevents dilution of legislative intent by ensuring a strict application of the "prima facie test."
  • Highlights the broader implications for electoral justice and social equality.
  • Emphasizes the essential nature of the rule of law in safeguarding marginalized communities.

This judgment by the Supreme Court underscores the importance of the SC/ST Act in preventing intimidation and upholding justice for vulnerable communities.

  • Tags :
  • Kiran vs Rajkumar Jivaraj Jain
  • State of M.P. vs Ram Krishna Balothia (1995)
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