
Case Law Analysis
|Bombay High Court
POCSO Act Overrides SCST Act Section 18 Bail Bar | Anticipatory Bail Permitted Despite Statutory Restriction : Bombay HC Aurangabad
The Bombay High Court has ruled that when offenses under the POCSO Act and the SCST Act arise concurrently, the POCSO Act’s bail framework takes precedence over Section 18 of the SCST Act, which otherwise prohibits anticipatory bail. This sets a critical precedent for accused persons facing dual charges, ensuring that child protection laws do not get sidelined by procedural bars meant for caste-based atrocities.