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Supreme Court of India 2017-03-23 partly_allowed

State of Bihar and others etc vs Anil Kumar and others etc

Bench: 3 — Jagdish Singh Khehar

In Brief

The Supreme Court addressed the validity of Rule 7 of the SC/ST (Prevention of Atrocities) Rules, 1995, which requires investigations to be conducted by officers of at least Deputy Superintendent rank, and a Bihar Government notification permitting investigation by lower-ranking officers. The Court upheld Rule 7 as a valid exercise of the Central Government's rule-making authority, but held that Section 9 of the Act—through its non obstante clause—permits State Governments to delegate investigative authority to any officer, including lower-ranked police officials. The notification was therefore valid from its publication date. Investigations conducted before the notification by unauthorized officers do not stand automatically vitiated; they are invalid only if the accused proves actual prejudice or miscarriage of justice, consistent with Section 465 of the CrPC. The High Court's blanket finding that pre-notification investigations were null was set aside.

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Criminal Procedure Administrative Law Constitutional Law Atrocities against Scheduled Castes and Scheduled Tribes Investigation Rule-making Authority Delegated Legislation Procedural Defects Miscarriage of Justice

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