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The Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) is one of India’s most stringent laws, designed to combat drug abuse and trafficking. While the Act’s objectives are laudable, its harsh penal provisions, strict bail regime, and rigorous procedural requirements demand close scrutiny, especially from legal practitioners and rights advocates.

In this article, we highlight the core provisions dealing with arrest, bail, punishment, and the procedure of search and seizure under the NDPS Act.

Definitions: Cannabis, Narcotic Drugs & Psychotropic Substances

A clear understanding of the substances covered by the NDPS Act is foundational:

Cannabis [Section 2(iii)]

Includes:

• Charas: resin or hashish oil.
• Ganja: flowering/fruiting tops (excluding seeds and leaves).
• Any preparations with charas or ganja.

Bhang is excluded unless local state laws specify otherwise.

Narcotic Drugs [Section 2(xiv)]

Includes:

• Opium, morphine, heroin, codeine, cocaine, etc.
• Both natural and synthetic derivatives notified by the government.

Psychotropic Substances [Section 2(xxiii)]

Includes:

• Mind-altering substances like LSD, MDMA, methamphetamine, diazepam, etc.
• Listed in the Schedule notified by the Central Government.

Punishments under the NDPS Act: Quantity Matters

The Act adopts a graded punishment system, based on the type and quantity of the substance:

Quantity	Punishment
Small quantity	Up to 1 year or fine up to ?10,000 or both
More than small but less than commercial	Up to 10 years + fine up to ?1 lakh
Commercial quantity	10–20 years rigorous imprisonment + fine ?1–2 lakh

Common Penal Sections:

• Section 20: Cannabis-related offences
• Section 21: Manufactured drugs (e.g., heroin)
• Section 22: Psychotropic substances
• Section 23: Illegal import/export
• Section 25: Permitting use of premises for offence
• Section 27: Consumption
• Section 27A: Financing illicit traffic and harbouring offenders
• Section 29: Abetment and conspiracy

Section 27A and offences involving commercial quantity attract the heaviest penalties.

What Are Small and Commercial Quantities?

The government notifies specific thresholds. A few examples:

Substance	Small Quantity	Commercial Quantity
Heroin	5 grams	250 grams
Charas	100 grams	1 kg
Ganja	1 kg	20 kg
Cocaine	2 grams	100 grams
LSD	0.1 gram	0.1 gram or more

Quantities in between fall under the intermediate range and invite medium-level punishment.

Search, Seizure, and Arrest: Procedures Must Be Followed

Procedural compliance is the cornerstone of NDPS jurisprudence. The Supreme Court has repeatedly held that failure to follow procedure may vitiate the prosecution.

Section 42: Search in Private Premises

• Officers must record information and reasons in writing, especially for night searches.
• Must be forwarded to a superior officer.

Section 43: Search in Public Places

• Applies to public areas (e.g., railway stations, streets).
• Can be done without a warrant.

Section 50: Personal Search

• The accused must be informed of the right to be searched in presence of a Magistrate or Gazetted Officer.
• Mandatory compliance – non-observance is grounds for acquittal (Tofan Singh v. State of Tamil Nadu).

Section 52: Arrest

• Grounds of arrest must be disclosed.
• The accused and articles seized must be produced promptly before the Magistrate.

Section 57: Reporting

• Arrest and seizure must be reported to the superior within 48 hours.

Courts have held that procedural lapses, especially under Sections 42, 50, and 57, can invalidate the case against the accused.

Bail Under NDPS: A Steep Road

The NDPS Act’s bail provisions, particularly under Section 37, are among the strictest in Indian law, especially for offences involving commercial quantity or under Section 27A.

To grant bail, the court must be satisfied:

1. The accused is not guilty, and
2. The accused is not likely to commit another offence while on bail.

This effectively reverses the presumption of innocence.

Offence	Bailable?	Cognizable?
Small quantity possession (Sec 20, 21, 22)	Yes	? Yes
Commercial quantity or 27A offences	No	? Yes
Consumption (Sec 27)	Yes	? Yes
Abetment/conspiracy (Sec 29)	Depends on main offence	? Yes

Conclusion

The NDPS Act serves an essential function in addressing drug-related offences, but it must operate within the framework of due process and constitutional safeguards. Given the harsh punishments, the non-bailable nature of offences, and the shift in burden of proof, even a minor procedural lapse can become a decisive legal battleground.

As legal professionals, our role is to ensure that:

• Accused individuals are not unjustly deprived of liberty.
• Procedural safeguards are strictly enforced.
• The distinction between drug traffickers and addicts is not blurred.

If you’re a legal practitioner, policymaker, or law student, your views and experiences on navigating NDPS cases—especially relating to bail and procedural compliance—are most welcome. Let’s keep the conversation alive and nuanced.

In recent years, the Enforcement Directorate (ED) has become a prominent enforcement body in India’s fight against economic crime. With growing public attention on money laundering cases and high-profile arrests, it’s important for legal professionals and the public alike to understand the ED’s structure, jurisdiction, and powers — as well as the safeguards that ensure accountability.

1. What is the Enforcement Directorate?

The ED is a specialised financial investigation agency under the Department of Revenue, Ministry of Finance, Government of India. It was originally formed in 1956 to deal with violations of the Foreign Exchange Regulation Act (FERA), 1947.

Today, its main functions stem from two laws:

• Foreign Exchange Management Act (FEMA), 1999 – Civil law focused on foreign exchange violations.
• Prevention of Money Laundering Act (PMLA), 2002 – Criminal law targeting money laundering and financial crimes.

2. What Triggers ED Jurisdiction?

The ED does not act suo motu. It starts investigation only when a predicate offence — known as a Scheduled Offence — is reported.

Sources of case referrals to the ED include:

• FIR or charge sheet by agencies like CBI, State Police, Income Tax Department, Narcotics Control Bureau (NCB).
• Court directives (High Court, Supreme Court) asking ED to investigate.
• Inputs from regulatory or intelligence bodies like FIU-IND, DRI, RBI, or even foreign enforcement agencies.
• Reference from the Central Government, especially the Ministry of Finance.

After assessing such material, the ED may register an ECIR (Enforcement Case Information Report) — the internal equivalent of an FIR.

3. What are Scheduled Offences under PMLA?

Scheduled offences are the underlying crimes that give rise to proceeds of crime and trigger the ED’s powers under PMLA. They are listed in the Schedule to the Act and divided into three parts:

• Part A: Includes serious offences under IPC, NDPS Act, Prevention of Corruption Act, Arms Act, etc. No monetary threshold required.
• Part B: Applies only if the total value involved is ?1 crore or more. Covers select economic offences.
• Part C: Covers transnational and cross-border crimes.

Without a scheduled offence, the ED cannot initiate a PMLA case.

4. ED’s Powers of Investigation

Under PMLA, the ED can:

• Conduct search and seizure operations
• Provisionally attach property suspected to be proceeds of crime
• Summon individuals for evidence under Section 50
• Arrest persons involved in money laundering
• File prosecution complaints before Special PMLA Courts

The ED must place its findings before the Adjudicating Authority and Special Courts established under the Act.

5. Arrest and Bail Under PMLA

Arrest:

Under Section 19 of the PMLA, the ED may arrest a person if there is material evidence and “reason to believe” the person is guilty. The grounds of arrest must be recorded in writing and the individual must be produced before a magistrate within 24 hours.

Bail:

Bail under PMLA is governed by Section 45, which imposes a stricter test:

• The Public Prosecutor must be given a chance to oppose bail.
• If opposed, the court must be satisfied that:
  • The accused is not guilty, and
  • The accused is not likely to commit any offence while on bail.

These are called the “twin conditions” for bail and make release more difficult. However, exceptions apply to minors, women, the infirm, and cases involving less than ?1 crore.

Anticipatory Bail:

While Section 45 of the PMLA applies to regular bail, anticipatory bail (under Section 438 of the CrPC) is not explicitly barred. However, courts exercise great caution in granting it in PMLA cases due to the serious nature of offences. The Supreme Court and several High Courts have held that anticipatory bail is not entirely prohibited but subject to the twin conditions under Section 45.

An anticipatory bail application must be made before a Sessions Court or High Court, and the court may impose stringent conditions such as:

• Depositing passport
• Regular attendance before ED
• Not tampering with evidence

The scope of anticipatory bail remains a contested and evolving area in PMLA jurisprudence.

6. Legal Controversies and Safeguards

Although the ED is a powerful agency, its working has drawn criticism for:

• Non-disclosure of ECIRs to the accused
• Low conviction rates under PMLA
• Allegations of political misuse

In Vijay Madanlal Choudhary v. Union of India (2022), the Supreme Court upheld the constitutional validity of ED powers, including arrest and attachment. However, courts are increasingly scrutinising ED’s actions to ensure procedural fairness.

7. Conclusion: Need for Balance

The Enforcement Directorate plays a crucial role in upholding the integrity of India’s financial system and addressing economic crimes. However, its functioning must be balanced with the principles of natural justice, due process, and judicial oversight.

For lawyers and policymakers, it is vital to ensure that India remains tough on crime — but even tougher on protecting constitutional rights.

INTRODUCTION: The Employees’ Provident Fund (EPF) was established with the objective of safeguarding the financial welfare of employees in both the private and public sectors. It functions as a long-term savings mechanism, accumulating contributions throughout an employee’s tenure with an organization. The primary purpose of the EPF is to manage and secure retirement benefits for employees by ensuring a steady source of income after their service ends. The scheme is governed by the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952. To remain compliant with EPF regulations, employers must adhere to a range of statutory requirements and due diligence measures. Failure to comply may attract penalties, as outlined in the following sections.

1. False Statements to Avoid EPF Payments- [Section 14(1)]: If any person knowingly makes a false statement to avoid EPF payments he is liable to punishment of jail up to 1 year, or fine up to ?5,000, or both

2. Default in Depositing EPF Contributions- [Section 14(1A)]: If an employer fails to deposit employee contributions deducted from salaries, or pay administrative/inspection charges, he is liable to minimum 1 year imprisonment + ?10,000 fine, if employees’ deducted contributions are not deposited or minimum 6 months imprisonment + ?5,000 fine in other cases. Courts can reduce the jail term for valid and recorded special reasons.

3. Default in Insurance Fund or Inspection Charges – [Section 14(1B)]: On failure to pay insurance-related contributions or inspection charges, punishment includes jail from   6 months to 1 year and fine up to ?5,000. Court may reduce jail term with valid justification.

4. Other Violations Under EPF/Pension/Insurance Scheme – [Section 14(2)]: For any other non-compliance punishment is jail up to 1 year fine up to ?4,000 or both.

5. Breach of Exemption Conditions – [Section 14(2A)] : If an employer violates conditions of exemption granted under section 17, the punishment will be jail from 1 to 6 months and fine up to ?5,000

6. Offences Committed by Companies- [Section 14A]: When a company violates EPF laws, every person responsible for running the company (directors, managers, etc.) may be held liable. They can escape liability only if they prove lack of knowledge or due diligence. If the offence happened due to the consent or neglect of a specific officer, they will be held responsible.

7. Repeat Offenders – [Section 14AA]: If an individual or company repeats the same offence after a conviction, then the punishment will be jail for 2 to 5 years and fine of ?25,000

8. Cognizable Offence – [Section 14AB]: Failure to pay EPF contributions is treated as a cognizable offence, meaning the police can arrest without a warrant.

9. Legal Procedure for Prosecution – [Section 14AC]: – Legal action can begin only with a written report by an EPF Inspector, with prior approval from the Central PF Commissioner or an authorised officer. Only courts with the rank of Presidency Magistrate or First-Class Magistrate can try EPF offences.

10. Recovery of Penalty – Damages – [Section 14B]: For default in payments, the EPF Commissioner can impose penalty damages (up to the amount of arrears).Employers will be given a fair chance to be heard. In case of sick companies under rehabilitation, damages can be waived or reduced.

11. Court-Ordered Payment Deadlines – [Section 14C]: If convicted, courts can direct employers to make the payment or transfer the pending amount within a time limit. If not complied with, it will be treated as a new offence, punishable under Section 14. An additional fine of ?100 per day can also be imposed for continued delay.

CONCLUSION:

The EPF Act imposes strict penalties for employers who fail to meet their legal responsibilities. Non-compliance—whether by delay, default, or dishonesty—can attract serious consequences, including imprisonment and financial penalties. Employers are advised to ensure timely contributions, maintain proper records, and follow due process to stay compliant and avoid legal trouble.

The Prevention of Money Laundering Act, 2002 (PMLA) is a law enacted by the Indian Parliament to combat money laundering and to provide for the confiscation of property derived from or involved in money laundering.

The key objectives of the act are to prevent and control money laundering, confiscate and seize property obtained from laundered money and to deal with any matters connected with or incidental to the crime.

Section 3 of the act defines, Money Laundering. Accordingly, it refers to directly or indirectly attempting to indulge in, knowingly assisting, or being involved in any activity connected with the proceeds of crime, including its concealment, possession, acquisition, or use.

As per section 5, authorities can provisionally attach property suspected to be involved in money laundering for 180 days, subject to confirmation by the Adjudicating Authority. Adjudicating Authority is a special body appointed to decide if the attached property is involved in money laundering. Appeals against the Adjudicating Authority’s decisions can be made to the Appellate Tribunal and further to the High Court.

Special Courts are designated courts under the Act to try offences of money laundering, set up in consultation with the Chief Justice of the High Court.

Banks, financial institutions, and intermediaries are required to verify the identity of clients, maintain records, and report suspicious transactions to the Financial Intelligence Unit – India (FIU-IND).

Enforcement Directorate (ED) is the primary agency responsible for investigating offences under PMLA. If one or more transactions are part of a series and one is proved to be involved in money laundering, it is presumed that all are involved. The accused must prove that the property in question is not the proceeds of crime.

Amendments: The PMLA has been amended several times (notably in 2005, 2009, 2012, and 2019) to expand the list of predicate offences (scheduled offences), to empower the ED with more authority and to enhance punishments and compliance requirements.

Punishment: Rigorous imprisonment for 3 to 7 years (may extend to 10 years for offences under the NDPS Act). Fine (no upper limit).

With a section of the General Public not in a mood to stay indoors and support the governmental initiatives for controlling the deadly Corona virus, the various state and Central governments are resorting to penal provisions to book the offenders. Some of the commonly resorted penal provisions are discussed below:
EPIDEMIC DISEASES ACT, 1897 Section 3 – Penalty- Any person disobeying any regulation or order made under this Act shall be deemed to have committed an offence punishable under section 188 of the Indian Penal Code 1860.
INDIAN PENAL CODE, 1860 Section 143 IPC- Punishment for being a member of an unlawful assembly-Whoever is a member of an unlawful assembly, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.
INDIAN PENAL CODE, 1860 Section 147 IPC- Punishment for rioting- Whoever is guilty of rioting, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
INDIAN PENAL CODE, 1860 Section 149 – Every member of unlawful assembly is guilty of offence committed in prosecution of common object
INDIAN PENAL CODE, 1860 Section 188 – Disobedience to order duly promulgated by public servant- An offender shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.
INDIAN PENAL CODE, 1860 Section 269 – Negligent act likely to spread infection of disease dangerous to life- Whoever unlawfully or negligently does any act which is, and which he knows or has reason to believe to be, likely to spread the infection of any disease dangerous to life, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.
INDIAN PENAL CODE, 1860 Section 270 – Malignant act likely to spread infection of disease dangerous to life- Whoever malignantly does any act which is, and which he knows or has reason to believe to be, likely to spread the infection of any disease dangerous to life, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
INDIAN PENAL CODE, 1860 Section 283 – Danger or obstruction in public way or line of navigation- Whoever, by doing any act, or by omitting to take order with any property in his possession or under his charge, causes danger, obstruction or injury to any person in any public way or public line of navigation, shall be punished with fine which may extend to two hundred rupees.

For most Indians, the term LOC would normally mean the Line of Control. However in Indian legal context LOC means Lookout Circular.

Meaning of LOC:
•It is a circular used by authorities to check whether a travelling person is wanted by the police. LOC is a coercive measure to make a person surrender to investigating agency or courts of law. It is generally issued against absconding criminals/ accused to stop them from entering or crossing borders or to track /detain the wanted person and hand them over to appropriate authority.

Types of LOC:
•Local LOC: It is limited to a particular town / city area. In this case, usually the LOC is issued to the local Airport, Sea port, Train or Bus stations.

•National LOC: Is a nationwide circular to all the Airports, Seaports, and border agencies across the border within a country.

•International LOC: International circular to different countries’ Airports, Seaports and across the international Border agencies. This has a limitation of bilateral understanding between the countries.

•Section 498A IPC and LOC: Usually issued by the Police against the accused NRI husband and his family members after the Police register an FIR. In some cases, the Court orders the same against the accused NRI’s, if the accused does not surrender to the court within the stipulated time interval given.

Authority to issue LOC:
•LOC can be issued only with the approval of an officer not below the rank of Deputy Secretary to the Government of India/ Joint Secretary in the State Government /Superintendent of Police concerned at the district level. It can also be issued by the court before which the criminal case lies.

Principles to issue LOC:
The basic guidelines regarding the issuance of LOC’s in relation to Indian citizens issued by the Ministry of Home Affairs are as follows:

•The request to issue/opening of LOC must be issued with the approval of an officer in authority. The authorities includes the Ministry of Home Affair, Ministry of External Affairs, the Customs and Income Tax Department, Directorate of Revenue intelligence, Central Bureau of Investigation, Court, Interpol, Regional passport Officers, Police authorities in various States, etc.

•Lookout circulars/notice for all immigration check posts against any Indian person can be issued only in the format prepared by the Home Ministry.

•The notice issuing agency must give full identification details of the accused person on an already prescribed format. LOC will not be issued for less than three identity parameters other than name of the accused.

Performa of LOC:
•The request for opening of LOC is required to be made to all immigration Check-posts in the country in the Official Format prescribed by the MHA.
•The details of the person looked out for in the circular includes: Name, address, Picture / photo or description of the person’s physical appearance, Passport number/details, other unique identification card number, alleged offence details / case involved in.
•In cases linked to, terrorist, anti national elements etc, LOC can be issued without complying with all rules, parameters or prescribed Performa.

Validity of LOC:
•LOC is valid for a period of one year. However, in case the originating agency wants to extend the validity beyond one year, it can ask for the extension before the expiry of the one-year period. If no request is made for the extension of the LOC within the stipulated period of one year, the Immigration Officer concerned is authorized to suspend the LOC.
•In the case of Court and Interpol, LOC does not expire within one year.

Consequences of LOC:
•Issuance of LOC can impact different persons differently. It curtails person’s ability to travel in and outside of country. The person has to face arrest or detention at the place where found.

Right to Information:
LOC is highly confidential document. Unless the case is high profile, whether the LOC is issued or not is not known to public at large.

Still one can try to get the information from the following sources:

•Police Station where the FIR is lodged
•District SP/DSP Office or similar rank officer in any investing agency.
•Immigration Authorities
•Foreigner Regional Registration Office (FRRO) in case of NRI.
•Trial Court records, if court have initiated the issuance of LOC.

Steps to be followed when LOC is issued:
•Have all the legal documents with you.
•Obtain Anticipatory bail in the case.
•Confirm whether the LOC is issued against you by the police / court and also the type of LOC.
•Show the certified copy of the Anticipatory bail to the authorities whilst entering the country. For e.g.: to immigration officers in the airport during the immigration check.
•Authorities should take a photocopy of the Anticipatory bail and hand back the original to you, so that you take your originals with you and proceed.
•Moreover, if the authorities try to detain you, get in touch with concerned Police (Sub Inspector / Deputy Superintendent Police/Investigating Officer) to inform the immigration authorities that you are already enlarged on Anticipatory bail and that they do not require your arrest. If they fail to do so, the victim can file a complaint against them next day detailing the violation of your rights and the contempt of the court order i.e. Anticipatory bail.
•Whilst regularizing the bail or whilst seeking the regular bail in the court, file a supplementary application seeking the LOC to be lifted.
•Failing to file supplementary application, one should look for the bail conditions to make sure there are no restrictions like not to leave the country without prior permission of the court. If there is such condition, please do get the permission from the court and keep the certified copy of the court’s order permitting your departure from the country to produce before the immigration officers in the airport or sea-port.
•One need to push the police to forward the court order to the concerned authorities (the concerned police station and in turn to the immigration authority at the port) to lift the LOC altogether as well as keeping the certified copy with yourself in hand. You need to request the copy of the confirmation for the same from the Police or ask for a letter confirming the same (this is in addition to the court order).

Cancellation or Lifting of LOC:
LOC can be withdrawn by the authority that issued and can also be rescinded by the trial court where case is pending or having jurisdiction over concerned police station on an application by the person concerned.
After getting LOC withdrawn by the authority or court, apply for multiple certified copies of the same. Provide one certified copy with covering letter to investigating officer; SP/DSP concerned and send a copy to the nodal officer at, ‘Deputy Director, Bureau of Immigration (Bol), East Block-VIII, R K Puram, New Delhi-110066.
If you have LOC removal court order, the immigration officer would contact the originator and only on confirmation the LOC will be cancelled or lifted.

Authored by:
Adv. Shirin Yusuf,
Associate,
MENTO ASSOCIATES.

JURISDICTION in a lay mans language means ‘The official power to make legal decisions and judgements’. However, in a deeper sense it means ‘The authority given to a court to try cases and rule on legal matters within a particular geographic area over certain types of legal cases’.

SECTION 498(A) OF THE INDIAN PENAL CODE:
Husband or relative of husband of a woman subjecting her to cruelty: Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.

“Cruelty” means:
a) any willful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or
b) harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.

Normally, every criminal offense is inquired into and tried by a court within whose local jurisdiction it is committed. However, as per section 179 of the Code of Criminal Procedure, 1973, an offense can also be tried by a court within whose jurisdiction the consequence of the offense ensues.

Taking the spirit of Section 179 of the Code of Criminal Procedure, 1973, in a landmark judgment in Rupali Devi V State of Uttar Pradesh and Others (AIR 2019 Supreme Court 1790), Supreme Court held that the ‘Complaint alleging cruelty can be filed in the courts where wife takes shelter after leaving or driven away from matrimonial home’
The Hon’ble Supreme Court was of the view that even if the acts of physical cruelty committed in the matrimonial house may have ceased and such acts may not occur at the parental home, there can be no doubt that the mental trauma and psychological distress caused by the acts of the husband including verbal exchanges that compelled the wife to leave the matrimonial home and take shelter with her parents would continue to persist at the parental home. Therefore, the mental cruelty borne out of physical cruelty or abusive and humiliating verbal exchanges would continue in the parental home even though there may not be any overt act of physical cruelty at such place.
It is further opined that, even the silence of the wife may have an underlying element of an emotional distress and mental agony. The wife’s sufferings at the parental home though may be directly attributable to commission of acts of cruelty by the husband at the matrimonial home would, undoubtedly, be the consequences of the acts committed at the matrimonial home. Such consequences, by itself, would amount to distinct offences committed at parental home where she has taken shelter. The adverse effects in the mental health in the parental home though on account of acts committed at the matrimonial home amount to commission of cruelty within the meaning of Section 498-A at the parental home.

The three-judge bench interpreted the legal provision during a reference made in 2012, to decide whether a woman forced to leave her matrimonial home on account of cruelty can initiate and access the legal process within the jurisdiction of the courts where she was forced to take shelter.

In reference, the court held that the case can be lodged by the wife at her parental home even when no overt act of cruelty or harassment is committed by the husband there. The offences of such kind are contemplated under Section 179 CrP.C.

CONCLUSION:
Therefore, the courts at where the wife takes shelter after leaving or driven away from matrimonial home on account of acts of cruelty committed by the husband or his relatives, would, dependent on factual situations, also have jurisdiction to entertain a complaint alleging commission of offences under Section 498-A of Indian Penal Code.

Authored by:
Adv MEGHA MOHAN
Associate
MENTO ASSOCIATES

Registration of an FIR is not mandatory for a person to approach the court of law for an order of anticipatory Bail. There are various citations of Supreme Court and High Courts in this regard.   Even in the absence of a pending criminal complaint against a person, if such person has an apprehension of arrest, he can approach the Sessions court or High court for an order of Anticipatory Bail. The apprehension of arrest may be elicited from the facts and circumstances of the matter, conduct of respondent police, the acts and communications of the potential complainant etc. On the whole, the applicant must convince the court, primarily that there is every likelihood for a criminal complaint to be lodged against him and the probability of respondent police arresting him based on the said complaint.

             An applicant cannot expect a blanket order from the court granting Anticipatory Bail. The applicant need to specify in his application the probable sections under which his opponent  may file a complaint against him,  which is even more difficult in comparison to a scenario where the complaint is already registered against him. This is because, if a complaint is already registered against the applicant, then the applicant as well as the court,  both are  convinced as to what are the sections which constitute the alleged offence. However in a case where the FIR is not yet registered, it is left to the mental exercise of both the applicant as well as the court to figure out the probable offence.
                                  
             The requirement of spelling out the exact provisions of the offence in an application for Anticipatory Bail may cause a technical difficulty for the applicant.  For instance if a court grants anticipatory bail to an applicant for an offence punishable under certain penal sections, his opponent can still trap him by lodging a complaint under some other sections. This dilutes the effect of the result got by the applicant. However the applicant is entitled to file for a fresh anticipatory bail and the obtainment of previous anticipatory bail will definitely be a plus factor while considering the second bail application.

             Similarly in matters where the FIR is not yet registered, courts have a tendency to grant anticipatory bail for limited periods like 45 days, 60 days etc. This again puts the applicant into some inconvenience, as his opponent may wait for the period to elapse for filing a complaint against him. In such a scenario the applicant can file one more application and obtain an anticipatory bail. The earlier anticipatory bail will definitely assist him in the obtainment of a new anticipatory bail. 

The Central Government enacted this important piece of legislation with the objective to prevent the commission of offences of atrocities against members of Schedule Castes and Schedule Tribes and to provide for special courts for the trial of such offences and for the relief and rehabilitation of the victims of such offences and for incidental matters.

The following are acts of atrocities, among others, against the SC/ ST members which are punishable under the act.

•Forcing a member of SC/ST to drink or eat any inedible or obnoxious substance.
•Dumping excreta, waste matter, carcasses or other obnoxious substance in the premises of an SC/ST member.
•Removing cloths, parading naked with painted face or body etc on a SC/ST person.
•Wrongfully occupying or cultivating any land belonging to SC/ST member.
•Wrongfully dispossessing a person of SC/ST from his land or premises.
•Compelling or enticing a member of SC/ST to do ‘begar’ or similar forms of forced or bonded labor.
•Forcing a member of SC/ST not to vote or to vote to a particular candidate.
•Instituting malicious, false, vexatious suit, criminal or other legal proceedings against a member of SC/ST.
•Giving false or frivolous information to a public servant resulting in injury or annoyance to a SC/ST person.
•Insulting or intimidating with intent to humiliate a SC/ST person in any place within public view.
•Assaulting or using force on any woman belonging to SC/ST with intent to outrage her modesty.
•Denying a member of SC/ST any customary right of passage to a place of public resort, which other members of the public have a right of use.

Whoever commits the above atrocities is liable to be punished with imprisonment for a term which shall not be less than 6 months but which may extend to 5 years and with fine.

If a public servant willfully neglects his duties required to be performed under this act, he shall be punishable with imprisonment for a term which shall not be less than 6 months, but which may extend to one year. Further the act provides for enhanced punishment for subsequent conviction. The court can even forfeit to the government, the property of an accused person which has been used in the commission of the offence proved. During the trial of the offence, the court has the power to attach the properties of the accused and later after the conclusion of the trial forfeit the same to the government.

The special courts under the act can even order the removal of a person, who is likely to commit an offence against the SC/ST people, from any scheduled area or a tribal area. If the person ordered fails to removes himself from the area, the special court can cause him to be arrested and removed in police custody from such area.

The provisions of anticipatory bail are not applicable for offences under this act.

Following the death of 19-year-old medical student Aman Kachroo at Dr. Rajendra Prasad Medical College in Himachal Pradesh, a Supreme Court Bench comprising of Justice Arijit Pasayat and Justice A.K. Ganguly has recently issued strict guidelines to prevent the menace of ragging in colleges and educational institutions. The Supreme Court was also hearing another case in Bapatla Agriculture Engineering College in Andhra Pradesh where a 20-year-old girl, attempted suicide due to ragging. The apex court had earlier appointed a committee headed by former CBI director R K Raghvan to look into the mater. Most of the recommendations of the said committee find a place in the guidelines. The salient features of the guidelines include:
a. The head of the educational institution and the jurisdictional police chief will be held responsible, if any ragging case is reported in their area.
b. A national level committee will be formed to suggest remedial measures in the school curriculum.
c. Immediate suspension of the senior students indulged in ragging.
d. Departmental action against all heads of institutions where ragging takes place.
e. High level security in all hostel premises and a strict vigil to be maintained.
f. Freshers to be divided into small groups and will be affiliated to individual teachers.
g. All colleges should hire psychiatrists to sensitize senior students, freshers and staff against ragging.
h. Panels must be set up to check the increasing incidents of ragging and rampant alcoholism in universities and colleges.
i. Students who indulge in ragging under the influence of alcohol must be sent to de-addiction centers.
j. Each state should have an anti-ragging committee, and anyone indulging in ragging must be given psychological treatment.

The apex court has also directed all state governments to give an undertaking about the steps taken by them to eradicate ragging.