Consider the following statements with respect to the Scheduled Castes and Scheduled Tribes Preventi...........

Right to Information Act MCQ practise

Consider the following statements with respect to the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Bill, 2018 :

preliminary enquiry shall not be required for registration of a First Information Report against any person
the investigating officer shall require approval for arrest, if necessary, of any person, against whom an accusation of having committed an offence under the PoA Act has been made and no procedure other than provided under the PoA Act or the Code of Criminal Procedure, 1973, shall apply
The provision of section 438 of the Code shall not apply to a case under the Act, notwithstanding any judgment or order or direction of any Court.

?Which of the above statements is correct ?

All of them

2 and 3 only

1 and 3 only

1 and 2 only

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Explanation:

The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Bill,2018 which was passed by the Lok Sabha on 6^th August 2018, has been passed by the Rajya Sabha today. Union Minister for Social Justice and Empowerment Shri Thaawarchand Gehlot today moved the Amendment Bill, 2018 in Rajya Sabha.

Point-wise details: Section 18A has been inserted to nullify conduct of a preliminary enquiry before registration of an FIR, or to seek approval of any authority prior to arrest of an accused, and to restore the provisions of Section 18 of the Act.

Section 18A, inserted in the Act, states that:-

(1) For the purpose of the Prevention of Atrocities Act,-

(a) preliminary enquiry shall not be required for registration of a First Information Report against any person; or

(b) the investigating officer shall not require approval for arrest, if necessary, of any person, against whom an accusation of having committed an offence under the PoA Act has been made and no procedure other than provided under the PoA Act or the Code of Criminal Procedure, 1973, shall apply.

(2) The provision of section 438 of the Code shall not apply to a case under the Act, notwithstanding any judgment or order or direction of any Court.