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

In a significant ruling on the scope of anticipatory bail under the SC/ST Act, the Supreme Court of India has held that courts cannot mechanically reject anticipatory bail pleas merely because provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act have been invoked.

A bench comprising Justice JB Pardiwala and Justice Ujjal Bhuyan observed that Section 18 of the SC/ST Act cannot be applied in a “mechanical manner” without examining the specific facts and allegations in a case.

The court said it remains the duty of courts to determine, prima facie, whether an offence under the SC/ST Act is actually made out before denying anticipatory bail.

The applicability of Section 18 would depend upon the facts and circumstances of each case and the allegations in the FIR, the bench observed.

The top court made the observations while hearing a case from Gujarat, where an accused was 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 her.

The complainant belonged to a Scheduled Caste community.

The FIR further alleged that the accused was aware of her caste identity and had allegedly asked her to conceal it.

In March 2026, the Gujarat High Court rejected the accused's anticipatory bail plea, observing 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.

While hearing the matter, the Supreme Court clarified that Section 18 of the SC/ST Act does not completely bar judicial scrutiny at the anticipatory bail stage.

The ruling is being seen as significant in cases where provisions of the SC/ST Act are invoked alongside other criminal charges, particularly in disputes involving personal relationships or allegations linked to failed promises of marriage.