Showing : 11-20 of 20 Results

SUPREME COURT OF INDIA
Year of decision: 2018
Details
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989-- Offence under SC/ST Act - Directions issued for safeguards against arrest and false implications: (i) No absolute bar against grant of anticipatory bail in cases under the Atrocities Act if no prima facie case is made out or where on judicial scrutiny complaint is found to be prima facie mala..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 18, Criminal Procedure Code, 1973, Section 438-- Anticipatory bail in offence under SC/ST Act - Exclusion of S.438 Cr.P.C. applies when a prima facie case of commission of offence under the Act is made out - On the other hand, if it can be shown that allegations are prima facie motivated and false, such exclusion will not apply...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 304, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3, 4-- Bail - Offence u/s 304(Part I)PC and Ss.3, 4 of SC/ST Act - FIR registered on 12.01.2016 of occurrence 10.01.2016, at the instance of son of deceased, who claimed himself to be eye witness to occurrence - However, his presence was not shown by Doctor at first instance, while providing first aid to..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 436, 34, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(iv), (v), Criminal Procedure Code, 1973, Section 439-- Bail - Offence u/ss 436, 34 IPC and S.3(2)(iv), (v) of SC/ST Act - Accused convicted and sentenced under alleged offences - Co-accused already released on bail - Accused in custody for about 2 years - Appeal filed before High Court is not likely to be heard on an immediate date - Bail granted to..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989-- Scope and object of SC/ST Act: (i) Act enlarges the scope of criminal liability by including several acts or omissions of atrocities which are not covered by IPC or Protection of Civil rights Act; (ii) Act provides protection to SC/STs for various atrocities affecting social disabilities,..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 438, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(i)(x), 18-- Anticipatory bail - Offence u/s 3(1)(x) of SC/ST Act - S.18 of SC/ST Act, creates a bar in invoking S.438 Cr.P.C. when allegations indicate abusing of complainant with caste name with intent to humiliate him - Anticipatory bail not maintainable - However, liberty is given to accused to move..........
CALCUTTA HIGH COURT
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 438, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x), 18-- Anticipatory bail - Statutory bar u/s.18 of SC and ST Act - Applicability - In complaint it is alleged that incident took place outside house of complainant which appears to be a place within public view - Held, whether incident actually occurred at place alleged or at any other place outside..........
DELHI HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 438, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 18, 3(i)(x)-- Anticipatory bail - Offence u/s.3(1)(x) of the Act of 1989 - Bar as to grant of anticipatory bail - Applicability - Specific averment in complaint that Petitioner No.1 gave beatings to complainant and called him `Khatikde' in presence of eye-witnesses - However, no charge against other two..........
CHHATTISGARH HIGH COURT
Year of decision: 2006
Details
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 452, 294, 323, 506, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x)-- Anticipatory bail - Apprehension of arrest - Complainant, a young boy of 15 years had some quarrel with son of applicant No.1 - Applicants entered into house of complainant and assaulted him - Contents of FIR showed that elements of insult or intimidation with intent to humiliate a member of SC or..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2002
Details
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3, Criminal Procedure Code, 1973, Section 438-- Offence u/s 3 ST/SC Act - Offence not taking in public view - Complainant not stating that he belongs to Scheduled Caste and the accused was aware of this - Anticipatory bail allowed...........

Showing : 11-20 of 20 Results