RIGHTS OF VICTIMS AND WITNESSESCentral

Section 18A of The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989

1[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.]

Summary

This section removes the need for a preliminary police enquiry before registering a First Information Report.
It allows an investigating officer to arrest an accused person without needing prior approval from a superior.
It completely bans the use of anticipatory bail, which is a pre-arrest bail under Section 438 of the Code, for anyone accused of an offence under this law.
It clearly states that court judgments or directions cannot override this strict ban on anticipatory bail.

Practical examples

1On May 12, 2026, Sunita visits the local police station to report a caste-based crime, and Inspector Gupta immediately registers the First Information Report without taking a week to verify the claims first.

2Officer Ramesh decides to arrest an accused individual named Karan on the spot based on witness statements, knowing he does not need to call his Superintendent of Police to ask for permission.

FAQ

1. Does the police need permission to make an arrest under Section 18A of the Prevention of Atrocities Act?

No, Section 18A of the Prevention of Atrocities Act explicitly states that the investigating officer does not require approval to arrest an accused person.

2. Can someone get anticipatory bail under Section 18A of the SC and ST Atrocities Act?

No, Section 18A of the SC and ST Atrocities Act strictly prohibits the application of Section 438 of the Code of Criminal Procedure, which deals with anticipatory bail.

3. Can a high court order grant anticipatory bail despite Section 18A of the general law on atrocities?

No, Section 18A of the general law on atrocities applies notwithstanding any judgment, order, or direction of any court.

Test yourself

Q1.Under Section 18A of The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, what is the rule regarding preliminary enquiries?

Q2.Under Section 18A of the SC and ST Prevention of Atrocities Act, whose approval is required for an investigating officer to make an arrest?

Q3.Under Section 18A of the Atrocities Act, how does the law treat Section 438 of the Code of Criminal Procedure?

Q4.Under Section 18A of the Prevention of Atrocities Act, what effect does a court judgment have on the application of anticipatory bail?

18PreviousSection 18 Section 438 of the Code not to apply to persons committing an offence under the Act.19NextSection 19 Section 360 of the Code or the provisions of the Probation of Offenders Act not to apply to persons guilty of an offence under the Act.

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