2018
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Question
[CLICK ON ANY CHOICE TO KNOW THE RIGHT ANSWER]
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SC/ST (PoA) Amendment Bill, 2018
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SC/ST and Criminal Law (Amendment) Bill, 2018
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Both a and b
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None of the above
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Detailed explanation-1: -Section 18 of the SC/ST Act creates a bar for entertaining applications for anticipatory bail. However, the Apex Court in Prathvi Raj Chauhan v.
Detailed explanation-2: -Union of India & Others (2020) 4 SCC 727 wherein it was held that an anticipatory bail in a crime where an offence under SC/ST is alleged can be granted only if the Court is satisfied that the allegations levelled do not prima facie make out a case under SC/ST Act.
Detailed explanation-3: -Breakdown of the meaning of anticipatory bail under Section 438 CrPC. In accordance with Section 438, a person who anticipates being arrested may be granted anticipatory bail for non-bailable offences prior to a First Information Report (FIR) being lodged.
Detailed explanation-4: -The correct answer is Section 18.
Detailed explanation-5: -Section 438 of the Criminal Procedure Code permits the accused to approach the Sessions Court or the High Court seeking anticipatory bail in respect of the offence falling under the provisions of Indian Penal Code.