Supreme Court ruling on Section 18 of SC/ST Act on May 11, 2026

Key facts

• A Supreme Court (SC) bench comprising Justice JB Pardiwala and Justice Ujjal Bhuyan ruled that the statutory bar on anticipatory bail under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (SC/ST Act) must not be applied mechanically.
• The SC clarified that Section 18 of the SC/ST Act, which restricts pre-arrest bail, depends on the specific facts of each case and the nature of allegations levelled in the First Information Report (FIR).
• The ruling originated from an appeal against a Gujarat High Court order passed in March 2026 involving charges under Section 69 of the Bharatiya Nyaya Sanhita (BNS) and the SC/ST Act.
• The SC bench noted that judicial scrutiny is required to assess whether the ingredients of caste-based offences are prima facie established before denying liberty to the accused.
• The court reinforced that the embargo under Section 18 does not prevent courts from examining if a genuine case under the statute is made out based on the material on record.