SCST--Bail--Order Passed Without Mandatory Notice To Victim Or Dependent Under Section 15A(3) SC/ST Act Is Non-Est In Eye Of Law
Under Section 15A(3) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, a victim or dependent shall receive mandatory notice and opportunity of hearing before any court proceeding, including bail proceedings. Any order passed without such notice is non-est in the eye of law. No Special Court or any other court is empowered to decide any proceeding under the SC/ST (POA) Act without first hearing the victim or dependent. The statutory presumption of knowledge of caste identity under Section 8(c) of the Act must also be considered before granting bail.
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