THE SCHEDULED CASTES AND THE SCHEDULED TRIBES (PREVENTION OF ATROCITIES) ACT, 1989

What is the official Act number of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989?

ACT NO. 33 OF 1989

On which date did the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 receive enactment?

11th September, 1989.

In which year of the Republic of India was the Act enacted?

The Fortieth Year of the Republic of India.

What is the primary objective of the Act as stated in its long title?

To prevent the commission of offences of atrocities against members of the Scheduled Castes and the Scheduled Tribes.

What judicial mechanism is specifically provided under the Act for the trial of offences?

The Act provides for the establishment of Special Courts and Exclusive Special Courts for the trial of offences committed under the Act.

Apart from trial of offences, what additional protection does the Act aim to provide to victims?

The Act aims to provide relief and rehabilitation to the victims of offences committed under its provisions.

What is the scope of matters covered by the Act beyond offences and trials?

The Act covers matters connected with or incidental to the prevention of atrocities, trial of offences, and relief and rehabilitation of victims.

Which authority enacted the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989?

Parliament.

What legislative phrase introduces the operative provisions of the Act?

The operative provisions are introduced by the phrase “Be it enacted by Parliament in the Fortieth Year of the Republic of India as follows”.

CHAPTER I

PRELIMINARY

Which provision of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 deal with “Short title, extent and commencement”?

Section 1

To what territorial extent does the Act apply under Section 1(2)?

To the whole of India.

Who has the authority to appoint the date on which the Act comes into force under Section 1(3)?

The Central Government

How is the commencement date of the Act to be notified under Section 1(3)?

Through a notification in the Official Gazette.

On which date the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 came into force?

30th January, 1990 (vide notification No. S.O. 106(E), dated 29th January, 1990, See Gazette of India, Extraordinary, Part II, sec. 3(ii))

 Which provision of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 deal with “Definitions”?

Section 2

What does the term “atrocity” mean under Section 2(1)(a)?

“Atrocity” means an offence punishable under section 3 of the Act.

What is meant by the term “Code” under Section 2(1)(b)?

“Code” means the Code of Criminal Procedure, 1973 (2 of 1974).

Who is considered a “dependent” under Section 2(1)(bb)?

A “dependent” means the spouse, children, parents, brother and sister of the victim who are dependent wholly or mainly on such victim for his support and maintenance.

What does the expression “economic boycott” signify under Section 2(1)(bc)?

“Economic boycott” signifies conduct amounting to refusal or denial of economic, professional, business or service-related interactions as specified in the provision.

What constitutes refusal to deal or work for hire under economic boycott as per Section 2(1)(bc)(i)?

It constitutes a refusal to deal with, work for hire, or do business with another person.

What does denial of opportunities include under Section 2(1)(bc)(ii)?

It includes denial of opportunities such as access to services or contractual opportunities for rendering service for consideration.

What is covered under refusal to act in the ordinary course of business under Section 2(1)(bc)(iii)?

It covers refusal to do anything on the terms on which things would be commonly done in the ordinary course of business.

What does abstaining from professional or business relations mean under Section 2(1)(bc)(iv)?

It means abstaining from professional or business relations that one would ordinarily maintain with another person.

What is meant by “Exclusive Special Court” under Section 2(1)(bd)?

“Exclusive Special Court” means the Exclusive Special Court established under sub-section (1) of section 14 exclusively to try offences under this Act.

How is the term “forest rights” defined under Section 2(1)(be)?

“Forest rights” shall have the meaning assigned to it under sub-section (1) of section 3 of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006.

How is “manual scavenger” defined for the purposes of this Act under Section 2(1)(bf)?

“Manual scavenger” shall have the meaning assigned to it in clause (g) of sub-section (1) of section 2 of the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013.

Who is included within the meaning of “public servant” under Section 2(1)(bg)?

“Public servant” means a public servant as defined under section 21 of the Indian Penal Code, 1860, as well as any other person deemed to be a public servant under any other law time being in force and includes any person acting in his official capacity under the Central Government or the State Government, as the case may be;]

What do clauses (c) to (f) of Section 2(1) of the Act define?

Clauses (c) to (f) of Section 2(1) define expressions relating to Scheduled Castes and Scheduled Tribes, Special Courts, Special Public Prosecutors, Schedule, social boycott, victim, witness, and the interpretation of undefined terms.

How are “Scheduled Castes” and “Scheduled Tribes” defined under Section 2(1)(c)?

“Scheduled Castes” and “Scheduled Tribes” shall have the meanings assigned to them respectively under clause (24) and clause (25) of article 366 of the Constitution.

What is meant by a “Special Court” under Section 2(1)(d)?

A “Special Court” means a Court of Session specified as a Special Court under section 14 of the Act.

Who is a “Special Public Prosecutor” as defined under Section 2(1)(e)?

A “Special Public Prosecutor” means a Public Prosecutor specified as a Special Public Prosecutor or an advocate referred to in section 15 of the Act.

What does the term “Schedule” refer to under Section 2(1)(ea)?

“Schedule” means the Schedule appended to this Act.

What is the meaning of “social boycott” under Section 2(1)(eb)?

“Social boycott” means refusal to permit a person to render or receive customary services, abstaining from social relations ordinarily maintained, or isolating a person from others.

Who is considered a “victim” under Section 2(1)(ec)?

A “victim” means any individual belonging to the Scheduled Castes or Scheduled Tribes who has suffered physical, mental, psychological, emotional, monetary harm or harm to property due to an offence under this Act and includes his relatives, legal guardian and legal heirs.

Who qualifies as a “witness” under Section 2(1)(ed)?

A “witness” means any person acquainted with the facts or having information necessary for investigation, inquiry or trial of an offence under this Act and includes a victim of such offence.

How are words and expressions not defined in the Act to be interpreted under Section 2(1)(f)?

Such words and expressions shall have the meanings assigned to them in the Indian Penal Code, the Indian Evidence Act, or the Code of Criminal Procedure, as applicable.

How are references to enactments to be construed under Section 2(2) in areas where such enactments are not in force?

Such references shall be construed as references to the corresponding law, if any, in force in that area.

CHAPTER II

OFFENCES OF ATROCITIES

Which provision of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 deals with “Punishments for offences atrocities”?

Section 3

What does Section 3(1) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 deal with?

Section 3(1) prescribes punishments for offences or atrocities committed by persons not belonging to SC/ST against members of Scheduled Castes or Scheduled Tribes.

What act is prohibited under Section 3(1)(a)?

Forcing a member of SC/ST to eat or drink any inedible or obnoxious substance.

What act is prohibited under Section 3(1)(b)?

Dumping excreta, sewage, carcasses, or any obnoxious substance in premises or at the entrance of premises occupied by a member of SC/ST.

What act is prohibited under Section 3(1)(c)?

Intentionally dumping excreta, waste matter, carcasses, or any obnoxious substance in the neighbourhood of a member of SC/ST to cause injury, insult, or annoyance.

What act is prohibited under Section 3(1)(d)?

Garlanding a member of SC/ST with footwear or parading them naked or semi-naked.

What act is prohibited under Section 3(1)(e)?

Forcibly committing acts derogatory to human dignity, such as removing clothes, forcible tonsuring, removing moustaches, or painting the body of a member of SC/ST.

What acts are covered under Section 3(1)(f)?

Wrongfully occupying, cultivating, or getting transferred any land owned, possessed, or allotted to a member of SC/ST.

What acts are covered under Section 3(1)(g)?

Wrongfully dispossessing a member of SC/ST from land or premises, interfering with enjoyment of rights (including forest rights), destroying crops, or taking produce.

What does the Explanation under Section 3(1) clarify about “wrongfully”?

“Wrongfully” includes acts done against the person’s will, without consent, with consent obtained by fear of death or hurt, or by fabricating records of land.

What act is prohibited under Section 3(1)(h)?

Forcing a member of SC/ST to do “begar” or any form of forced or bonded labour,

Exception of prohibited under Section 3(1)(h)?

except compulsory service for public purposes imposed by the Government.

What act is prohibited under Section 3(1)(i)?

Compelling a member of SC/ST to dispose of or carry human or animal carcasses, or to dig graves.

What act is prohibited under Section 3(1)(j)?

Making a member of SC/ST do manual scavenging or employing/permitting their employment for such purpose.

What act is prohibited under Section 3(1)(k)?

Performing or promoting the dedication of a SC/ST woman as a devadasi or in any similar religious practice, or permitting such acts.

What acts are prohibited under Section 3(1)(L)?

Forcing, intimidating, or preventing a SC/ST member to:

(A) not vote, vote for a particular candidate, or vote otherwise than allowed by law,

(B) not file or withdraw a nomination as a candidate, or

(C) not propose or second a SC/ST member’s nomination as candidate in an election.

What acts are prohibited under Section 3(1)(m)?

Forcing, intimidating, or obstructing a SC/ST member, Chairperson, or office holder in Panchayats or Municipalities from performing their normal duties and functions.

What acts are prohibited under Section 3(1)(n)?

After polls, causing hurt or grievous hurt, assault, imposing or threatening social/economic boycott, or preventing a SC/ST member from availing any due public service.

What acts are prohibited under Section 3(1)(o)?

Committing any offence against a SC/ST member for having voted or not voted for a particular candidate or according to law.

What acts are prohibited under Section 3(1)(p)?

Instituting false, malicious, or vexatious suits, criminal cases, or other legal proceedings against a SC/ST member.

What act is prohibited under Section 3(1)(q)?

Giving false or frivolous information to a public servant, causing the use of lawful power to the injury or annoyance of a SC/ST member.

What act is prohibited under Section 3(1)(r)?

Intentionally insulting or intimidating a SC/ST member with intent to humiliate in any public place.

What act is prohibited under Section 3(1)(s)?

Abusing any SC/ST member by caste name in any public place.

What act is prohibited under Section 3(1)(t)?

Destroying, damaging, or defiling any object held sacred or in high esteem by SC/ST members (including statues, photographs, or portraits).

What act is prohibited under Section 3(1)(u)?

Promoting or attempting to promote enmity, hatred, or ill-will against SC/ST members by words, signs, visible representations, or other means.

What act is prohibited under Section 3(1)(v)?

Disrespecting any deceased person held in high esteem by SC/ST members by words, writing, or other means.

What acts are prohibited under Section 3(1)(w)?

(i) Intentionally touching a SC/ST woman in a sexual manner without her consent,

(ii) using words, acts, or gestures of a sexual nature towards a SC/ST woman knowing her identity.

What does the expression “consent” means?

an unequivocal voluntary agreement when the person by words, gestures, or any form of non-verbal communication, communicates willingness to participate in the specific act

Whether a woman belonging to a Scheduled Caste or a Scheduled Tribe who does not offer physical resistance to any act of a sexual nature is by reason only of that fact, is to be regarded as consenting to the sexual activity?

No

Whether a woman’s sexual history, including with the offender imply consent or mitigate the offence?

No

What act is prohibited under Section 3(1)(x)?

Corrupting or fouling water of any spring, reservoir, or source used by SC/ST members, making it unfit for ordinary use.

What act is prohibited under Section 3(1)(y)?

Denying a SC/ST member any customary right of passage to a public place or obstructing access to a place of public resort that others have the right to use.

What act is prohibited under Section 3(1)(z)?

Forcing or causing a SC/ST member to leave their house, village, or other place of residence, except when done in discharge of public duty.

What act is prohibited under Section 3(1)(za)?

Obstructing or preventing a SC/ST member from using or accessing common property resources, public places, religious sites, educational or medical institutions, public conveyances, roads, passages, or carrying out occupations, trades, or professions in a manner that others have a right to.

What is the specific examples under Section 3(1)(za)?

Using common property resources, burial/cremation grounds, rivers, wells, bathing ghats, public conveyances, roads, or passages.

What is the other specific examples under Section 3(1)(za)?

Riding bicycles/motorcycles, wearing footwear or new clothes publicly, taking out wedding processions, mounting horses or vehicles during weddings.

What is the other specific examples under Section 3(1)(za)?

Entering public places of worship or participating in religious, social, or cultural processions

What is the other specific examples under Section 3(1)(za)?

Entering educational institutions, hospitals, dispensaries, PHCs, shops, places of public entertainment, or using public utensils/articles.

What is the other specific examples under Section 3(1)(za)?

Practicing a profession, occupation, trade, or employment that others have access to.

What act is prohibited under Section 3(1)(zb)?

Causing physical harm or mental agony to a SC/ST member on the allegation of practicing witchcraft or being a witch.

What act is prohibited under Section 3(1)(zc)?

Imposing or threatening a social or economic boycott on a SC/ST person, family, or group.

What is the punishment for offences under Section 3(1)(za–zc)?

Imprisonment for a term of not less than six months, which may extend to five years, and a fine.

What act is prohibited under Section 3(2)(i)?

Giving or fabricating false evidence intending or likely to cause a SC/ST member to be convicted of a capital offence; if such person is executed as a result, the offender shall be punishable with death.

What act is prohibited under Section 3(2)(ii)?

Giving or fabricating false evidence intending or likely to cause a SC/ST member to be convicted of a non-capital offence but punishable with seven years or more, shall be punishable with imprisonment of not less than six months, which may extend to seven years or more, and fine.

What act is prohibited under Section 3(2)(iii)?

Committing mischief by fire or explosive substance intending or likely to damage property of a SC/ST member, punishable with imprisonment of six months to seven years and fine.

What act is prohibited under Section 3(2)(iv)?

Committing mischief by fire or explosive substance intending or likely to destroy buildings used as places of worship, human dwelling, or property custody by a SC/ST member, punishable with imprisonment for life and fine.

What act is prohibited under Section 3(2)(v)?

Committing any IPC offence punishable with ten years or more against a SC/ST member or their property, punishable with imprisonment for life and fine.

What act is prohibited under Section 3(2)(va)?

Committing any offence specified in the Schedule against a SC/ST member or their property, punishable as per the IPC and liable to fine.

What act is prohibited under Section 3(2)(vi)?

Causing evidence to disappear or giving false information to screen the offender, shall be punishable with the punishment for the original offence.

What act is prohibited under Section 3(2)(vii)?

Being a public servant and committing any offence under this section, punishable with imprisonment of not less than one year up to the punishment provided for that offence.

Which provision of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 deal with “Punishment for neglect of duties”?

Section 4

Who can be punished under Section 4(1) of the Act?

A public servant who is not a member of a Scheduled Caste or a Scheduled Tribe can be punished if he wilfully neglects his duties under the Act.

What is the nature of neglect that attracts liability under Section 4(1)?

The liability arises from wilful neglect of duties required to be performed under the Act and the rules made thereunder.

What punishment is prescribed under Section 4(1) for neglect of duties?

The punishment is imprisonment for a term not less than six months but which may extend to one year.

What does Section 4(2) specify in relation to the duties of a public servant?

Section 4(2) specifies the duties of a public servant whose neglect may attract punishment under the Act.

What duty relating to oral information is imposed on a public servant under Section 4(2)(a)?

The public servant must read out to the informant the information given orally and reduced to writing before taking the informant’s signature.

What obligation exists regarding registration of complaints under Section 4(2)(b)?

The public servant must register a complaint or First Information Report under the Act and other relevant provisions and under appropriate sections of the Act.

What duty is imposed regarding supply of information under Section 4(2)(c)?

The public servant must furnish a copy of the information so recorded forthwith to the informant.

What responsibility exists regarding statements of victims or witnesses under Section 4(2)(d)?

The public servant must record the statements of the victims or witnesses.

What time-bound investigative duty is imposed under Section 4(2)(e)?

The public servant must conduct the investigation and file the charge sheet in the Special Court or Exclusive Special Court within sixty days and explain any delay in writing.

What duty is prescribed regarding documentation under Section 4(2)(f)?

The public servant must correctly prepare, frame, and translate any document or electronic record.

What is the residual duty clause under Section 4(2)(g)?

The public servant must perform any other duty specified in the Act or the rules made thereunder.

What condition is imposed by the proviso to Section 4(2) before booking charges against a public servant?

Charges shall be booked only on the recommendation of an administrative enquiry.

Which court is empowered to take cognizance of dereliction of duty under Section 4(3)?

The Special Court or the Exclusive Special Court is empowered to take cognizance.

What power does the court exercise after taking cognizance under Section 4(3)?

The court shall give direction for penal proceedings against the concerned public servant.

Which provision of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 deal with “Enhanced punishment subsequent conviction”?

Section 5

To whom does Section 5 apply?

To a person who has already been convicted of an offence under this Chapter and is convicted again for a second or any subsequent offence.

When does enhanced punishment become applicable under Section 5?

Enhanced punishment becomes applicable upon conviction for a second offence or any offence subsequent to the second offence under this Chapter.

What is the minimum punishment prescribed under Section 5 for a subsequent conviction?

The minimum punishment prescribed is imprisonment for a term of not less than one year.

What is the maximum extent of punishment that may be imposed under Section 5?

The punishment may extend to the punishment provided for that offence.

Which provision of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 deal with “Application of certain provisions of the Indian Penal Code”?

Section 6

Which provisions of the Indian Penal Code are made applicable under Section 6?

Sections 34 and 149 and Chapters III, IV, V, VA and XXIII of the Indian Penal Code are made applicable.

For what purpose are the specified provisions of the Indian Penal Code applied under Section 6?

They are applied for the purposes of this Act.

How are the specified provisions of the Indian Penal Code to apply under Section 6?

They apply in the same manner as they apply for the purposes of the Indian Penal Code, so far as may be.

What is the effect of the phrase “subject to the other provisions of this Act” in Section 6?

It makes the application of the Indian Penal Code provisions subordinate to and governed by the other provisions of this Act.

Which provision of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 deal with “Forfeiture of property of certain persons”?

Section 7

When can the Special Court order forfeiture of property under Section 7(1)?

When a person has been convicted of an offence punishable under this Chapter.

Which authority is empowered to order forfeiture under Section 7(1)?

The Special Court

Can forfeiture be ordered in addition to punishment under Section 7(1)?

Yes, forfeiture may be ordered in addition to awarding any punishment.

What type of property can be forfeited under Section 7(1)?

Any property, movable or immovable or both, belonging to the convicted person can be forfeited.

What condition must be satisfied for property to be forfeited under Section 7(1)?

The property must have been used for the commission of the offence.

To whom does the forfeited property vest under Section 7(1)?

The forfeited property shall vest in the Government.

At what stage can attachment of property be ordered under Section 7(2)?

Attachment can be ordered during the period of trial when a person is accused of an offence under this Chapter.

Is attachment of property under Section 7(2) mandatory or discretionary?

Discretionary.

What kind of property may be attached under Section 7(2)?

All or any property, movable or immovable or both, belonging to the accused may be attached.

What happens to attached property if the trial ends in conviction under Section 7(2)?

The attached property becomes liable to forfeiture.

For what purpose can attached property be forfeited under Section 7(2)?

The property can be forfeited to the extent required for realisation of any fine imposed under this Chapter.

What does Section 8 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 deal with “Presumption as to offences”?

Section 8

In what type of proceedings does Section 8 apply?

Section 8 applies in a prosecution for an offence under this Chapter.

What presumption arises under Section 8(a) when financial assistance is rendered by the accused?

If the accused rendered any financial assistance in relation to offences committed by a person accused of or reasonably suspected of committing an offence, the Special Court shall presume that the accused had abetted the offence.

Which court is empowered to draw the presumption under Section 8(a)?

The Special Court

Is the presumption under Section 8(a) conclusive or rebuttable?

The presumption is rebuttable, as it applies unless the contrary is proved.

What presumption is provided under Section 8(b) when an offence is committed by a group of persons?

It shall be presumed that the offence was committed in furtherance of the common intention or in prosecution of the common object.

What factual circumstance must be proved to attract the presumption under Section 8(b)?

It must be proved that the offence was a sequel to an existing dispute regarding land or any other matter.

What presumption arises under Section 8(c) regarding knowledge of caste or tribal identity?

The Court shall presume that the accused was aware of the caste or tribal identity of the victim.

What condition triggers the presumption under Section 8(c)?

The presumption is triggered if the accused had personal knowledge of the victim or his family.

Can the presumption under Section 8(c) be rebutted?

Yes, the presumption applies unless the contrary is proved.

Which provision of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 deal with “Conferment of powers”?

Section 9

What is the effect of the non obstante clause in Section 9(1)?

It gives overriding effect to Section 9(1) notwithstanding anything contained in the Code or any other provision of this Act.

Which authority is empowered to confer powers under Section 9(1)?

The State Government

On what grounds may the State Government confer powers under Section 9(1)?

The State Government may confer powers if it considers it necessary or expedient to do so.

For what purposes can powers be conferred under Section 9(1)(a)?

Powers may be conferred for the prevention of and for coping with any offence under this Act.

For what types of proceedings can powers be conferred under Section 9(1)(b)?

Powers may be conferred for any case or class or group of cases under this Act.

In which territorial areas can powers be conferred under Section 9(1)?

in any district or part thereof.

By what mode are powers conferred under Section 9(1)?

Powers are conferred by notification in the Official Gazette.

On whom can the State Government confer powers under Section 9(1)?

Powers can be conferred on any officer of the State Government.

What kind of powers can be conferred under Section 9(1)?

The powers exercisable by a police officer under the Code can be conferred.

What specific police powers are included under Section 9(1)?

The powers include arrest, investigation, and prosecution of persons before any Special Court.

Who is required to assist the officer conferred with powers under Section 9(2)?

All officers of police and all other officers of Government are required to assist.

For what purpose must assistance be rendered under Section 9(2)?

Assistance must be rendered in the execution of the provisions of this Act or any rule, scheme, or order made thereunder.

Which procedural law applies to the exercise of powers under Section 9(3)?

The provisions of the Code of Criminal Procedure apply, so far as may be, to the exercise of such powers.

CHAPTER III

EXTERNMENT

Which provision of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 deal with “Removal of person likely to commit offence”?

Section 10

On what basis can the Special Court exercise powers under Section 10(1)?

The Special Court may exercise the power upon a complaint or a police report.

What satisfaction must the Special Court reach before passing an order under Section 10(1)?

The Court must be satisfied that the person is likely to commit an offence under Chapter II of the Act.

In which areas can an order of removal be passed under Section 10(1)?

The order can be passed in Scheduled Areas, tribal areas referred to in Article 244 of the Constitution, or any area identified under section 21(2)(vii) of the Act.

What direction can the Special Court give to a person under Section 10(1)?

The Court may direct the person to remove himself beyond the limits of the specified area.

How is the manner of removal regulated under Section 10(1)?

The Court may specify the route and the time within which the person must remove himself.

Can the Court prohibit the person from returning to the area under Section 10(1)?

Yes, the Court may direct that the person shall not return to the area.

What is the maximum period for which a person can be prohibited from returning under Section 10(1)?

The period shall not exceed three years.

What procedural requirement must accompany an order passed under Section 10(1) as per Section 10(2)?

The Special Court must communicate the grounds of the order to the person directed to remove himself.

Can an order passed under Section 10(1) be altered after it is made?

Yes, the Special Court may revoke or modify the order.

On what basis can the Special Court revoke or modify an order under Section 10(3)?

The Court may do so for reasons to be recorded in writing.

Who can make a representation for revocation or modification under Section 10(3)?

The representation may be made by the person against whom the order is made or by any other person on his behalf.

What is the time limit for making a representation under Section 10(3)?

The representation must be made within thirty days from the date of the order.

Which provision of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 deal with “Procedure on failure of person to remove himself from area and enter thereon after removal”?

Section 11

What actions trigger powers under Section 11(1)?

Powers are triggered if a person fails to remove himself as directed under Section 10 or enters the area within the prohibited period without written permission of the Special Court.

Which authority is empowered to take action under Section 11(1)?

The Special Court

What action can the Special Court take under Section 11(1) when a person violates removal directions?

The Special Court may cause the person to be arrested and removed in police custody to a place outside the area specified.

What does Section 11(2) allow the Special Court to do regarding temporary return?

The Special Court may, by order in writing, permit a person to return temporarily to the area from which he was directed to remove himself.

What conditions can the Special Court impose under Section 11(2) for temporary return?

The Court may specify conditions for the temporary return and require the person to execute a bond with or without surety for observing those conditions.

Can permission for temporary return under Section 11(2) be revoked?

Yes, the Special Court may revoke such permission at any time under Section 11(3).

What obligations must a person observe if permitted to return under Section 11(4)?

The person must observe the conditions imposed and, at the expiry of the temporary period or upon revocation, remove himself outside the area and not return without fresh permission.

What consequences are prescribed under Section 11(5) for failing to observe conditions or re-entering without permission?

The Special Court may cause the person to be arrested and removed in police custody to a place outside the area as specified.

Which provision of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 deal with “Taking measurements and photographs, etc., of persons against whom order under section 10 is made”?

Section 12

Who may require a person to allow his measurements and photographs under Section 12(1)?

The Special Court

Who is responsible for taking measurements and photographs under Section 12(1)?

A police officer

What happens if a person resists or refuses to allow his measurements or photographs under Section 12(2)?

It shall be lawful to use all necessary means to secure the taking of measurements and photographs.

Which offence is triggered by resistance or refusal to allow measurements or photographs under Section 12(3)?

Resistance or refusal shall be deemed to be an offence under section 186 of the Indian Penal Code, 1860.

What happens to the measurements and photographs if the Section 10 order is revoked under Section 12(4)?

All measurements and photographs, including negatives, shall be destroyed or returned to the person against whom the order was made.

What does Section 13 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 deal with “Penalty for noncompliance of order under section 10”?

Section 13

Who is liable under Section 13?

Any person contravening an order of the Special Court made under Section 10 is liable.

What is the maximum term of imprisonment prescribed under Section 13?

The term of imprisonment may extend to one year.

Is a fine also prescribed under Section 13?

Yes, in addition to imprisonment, a fine may also be imposed.

CHAPTER IV

SPECIAL COURTS

Which provision of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 deal with “Special Court and Exclusive Special Court”?

Section 14

Who establishes an Exclusive Special Court under Section 14(1)?

The State Government, with the concurrence of the Chief Justice of the High Court, establishes an Exclusive Special Court by notification in the Official Gazette.

For what purpose is an Exclusive Special Court established under Section 14(1)?

To provide for speedy trial of offences under this Act.

How are Special Courts specified in districts with fewer cases under Section 14(1) proviso?

In such districts, the State Government, with the concurrence of the Chief Justice of the High Court, specifies the Court of Session to be a Special Court to try offences under this Act.

What powers do the Special Courts or Exclusive Special Courts have under Section 14(1) second proviso?

They have the power to directly take cognizance of offences under this Act.

What duty is imposed on the State Government under Section 14(2)?

The State Government must establish an adequate number of Courts to ensure cases under this Act are disposed of within two months, as far as possible.

How should proceedings be conducted in a Special Court or Exclusive Special Court under Section 14(3)?

Proceedings shall be continued from day-to-day until all witnesses in attendance have been examined, unless adjournment beyond the next day is necessary and reasons are recorded in writing.

What is the time frame for completing a trial under Section 14(3) proviso?

The trial, as far as possible, shall be completed within two months from the date of filing of the charge sheet.

Which provision of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 deal with “Appeals”?

Section 14A

Against which orders does an appeal lie under Section 14A(1)?

An appeal lies from any judgment, sentence, or order of a Special Court or Exclusive Special Court, except interlocutory orders.

To which court is an appeal preferred under Section 14A(1)?

An appeal is preferred to the High Court.

What is the scope of appeal under Section 14A(1)?

The appeal lies both on facts and on law.

Does Section 14A(2) provide for appeals against bail orders?

Yes, an appeal lies to the High Court against an order granting or refusing bail by a Special Court or Exclusive Special Court.

What is the time limit for preferring an appeal under Section 14A(3)?

Every appeal shall be preferred within ninety days from the date of the judgment, sentence, or order appealed from.

Can the High Court entertain an appeal after ninety days under Section 14A(3) proviso?

Yes, if the High Court is satisfied that the appellant had sufficient cause for not preferring the appeal within ninety days.

What is the outer limit for entertaining an appeal under Section 14A(3) second proviso?

No appeal shall be entertained after one hundred and eighty days from the date of the judgment, sentence, or order.

Within what period should an appeal be disposed of under Section 14A(4)?

Every appeal shall, as far as possible, be disposed of within three months from the date of admission of the appeal.

Which provision of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 deal with “Special Public Prosecutor and Exclusive Public Prosecutor”?

Section 15

Who appoints a Special Public Prosecutor under Section 15(1)?

The State Government appoints a Special Public Prosecutor by notification in the Official Gazette.

Who can be appointed as a Special Public Prosecutor under Section 15(1)?

An advocate who has been in practice for not less than seven years, or a specified Public Prosecutor, may be appointed.

For which courts is a Special Public Prosecutor appointed under Section 15(1)?

A Special Public Prosecutor is appointed for every Special Court.

Who appoints an Exclusive Special Public Prosecutor under Section 15(2)?

The State Government appoints an Exclusive Special Public Prosecutor by notification in the Official Gazette.

Who can be appointed as an Exclusive Special Public Prosecutor under Section 15(2)?

An advocate who has been in practice for not less than seven years, or a specified Public Prosecutor, may be appointed.

For which courts is an Exclusive Special Public Prosecutor appointed under Section 15(2)?

An Exclusive Special Public Prosecutor is appointed for every Exclusive Special Court.

What is the purpose of appointing Special and Exclusive Special Public Prosecutors under Section 15?

They are appointed for conducting cases in the respective courts under this Act.

CHAPTER IVA

RIGHTS OF VICTIMS AND WITNESSES

What does Section 15A of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 deal with “Rights of victims and witnesses”?

Section 15A

Who is responsible for the protection of victims, their dependents, and witnesses under Section 15A(1)?

It is the duty and responsibility of the State to make arrangements for their protection against intimidation, coercion, inducement, violence, or threats of violence.

How should a victim be treated according to Section 15A(2)?

A victim shall be treated with fairness, respect, and dignity, with due regard to any special needs arising from age, gender, educational disadvantage, or poverty.

What notice rights are provided to victims or their dependents under Section 15A(3)?

Victims or their dependents have the right to reasonable, accurate, and timely notice of any court proceeding, including bail proceedings, and the Special Public Prosecutor or State Government shall inform them.

What rights to participate in court proceedings are provided under Section 15A(4)?

Victims or dependents may apply to the Special Court or Exclusive Special Court to summon parties, produce documents or material, and examine witnesses or persons present.

How can victims participate in proceedings under Section 15A(5)?

They are entitled to be heard in proceedings relating to bail, discharge, release, parole, conviction, or sentence, and to file written submissions on conviction, acquittal, or sentencing.

What protection and support are to be provided by the court under Section 15A(6)?

The Special Court or Exclusive Special Court shall provide:

(a) complete protection to secure justice,

(b) travel and maintenance expenses during investigation, inquiry, and trial,

(c) social-economic rehabilitation, and

(d) relocation.

What duty does the State have regarding protection measures under Section 15A(7)?

The State shall inform the concerned court about the protection provided to victims, dependents, informants, or witnesses, and the court shall periodically review and pass appropriate orders.

What special measures can the court take under Section 15A(8)?

The court may, on its own motion or application:

(a) conceal names and addresses of witnesses in orders, judgments, or records,

(b) issue directions for non-disclosure of identity and addresses, and

(c) take immediate action on complaints relating to harassment of victims, informants, or witnesses.

What procedural safeguards exist for complaints under Section 15A(8) proviso?

Complaints regarding harassment shall be inquired into separately from the main case and concluded within two months.

What powers does the court have regarding complaints against public servants under Section 15A(8) second proviso?

The court shall restrain the public servant from interfering with the victim, informant, or witness in any matter related or unrelated to the pending case, except with court permission.

What duties do the Investigating Officer and Station House Officer have under Section 15A(9)?

They must record complaints of victims, informants, or witnesses against intimidation, coercion, inducement, violence, or threats of violence, whether given orally or in writing, and provide a photocopy of the FIR immediately free of cost.

How should all proceedings relating to offences under this Act be recorded according to Section 15A(10)?

All proceedings shall be video recorded.

What is the duty of the State under Section 15A(11)?

The State shall specify an appropriate scheme to ensure implementation of the rights and entitlements of victims and witnesses in accessing justice.

What entitlements must the State scheme provide under Section 15A(11)(a)?

To provide a copy of the recorded FIR free of cost.

What entitlements must the State scheme provide under Section 15A(11)(b)?

To provide immediate relief in cash or in kind to atrocity victims or their dependents.

What entitlements must the State scheme provide under Section 15A(11)(c)?

To provide necessary protection to atrocity victims or their dependents, and witnesses.

What entitlements must the State scheme provide under Section 15A(11)(d)–(f)?

(d) Relief in respect of death, injury, or damage to property;

(e) Arrange food, water, clothing, shelter, medical aid, transport, or daily allowances;

(f) Provide maintenance expenses to victims and their dependents.

What entitlements must the State scheme provide under Section 15A(11)(g)–(i)?

(g) Information about rights at the time of complaint/FIR registration;

(h) Protection from intimidation or harassment;

(i) Information on investigation and charge sheet, and provide a copy of the charge sheet free of cost.

What entitlements must the State scheme provide under Section 15A(11)(j)–(m)?

(j) Precautions during medical examination;

(k) Information about relief amounts;

(l) Advance information on investigation and trial dates and place;

(m) Adequate briefing and trial preparation with legal aid.

What entitlements must the State scheme provide under Section 15A(11)(n)?

To execute the rights of victims or dependents at every stage of proceedings under this Act and provide necessary assistance.

What right is provided to atrocity victims or their dependents under Section 15A(12)?

They have the right to take assistance from Non-Governmental Organisations, social workers, or advocates.

CHAPTER V

MISCELLANEOUS

Which provision of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 deal with “Power of State Government to impose collective fine”?

Section 16

Which other Act is referred to in Section 16 for the purpose of collective fines?

Section 16 refers to Section 10A of the Protection of Civil Rights Act, 1955 (22 of 1955).

How does Section 16 apply Section 10A of the Protection of Civil Rights Act, 1955?

The provisions of Section 10A shall, as far as may be, apply for imposition and realisation of collective fines and for all other matters connected therewith under this Act.

Who has the power to impose collective fines under Section 16?

The State Government

Which provision of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 deal with “Preventive action to be taken by the law and order machinery”?

Section 17

Who can declare an area as prone to atrocities under Section 17(1)?

A District Magistrate, Sub-divisional Magistrate, any other Executive Magistrate, or any police officer not below the rank of Deputy Superintendent of Police.

Under what circumstances can an area be declared prone to atrocities under Section 17(1)?

When such officer receives information and, after inquiry, has reason to believe that a person or group not belonging to SC/ST is likely to commit or has threatened to commit an offence under this Act and there are sufficient grounds for proceeding.

What actions can be taken by the authorities after declaring an area prone to atrocities under Section 17(1)?

They may take necessary action to maintain peace, good behaviour, public order, and tranquility, and may take preventive action to avoid offences.

Which provisions of the Code of Criminal Procedure apply to Section 17(1) preventive action?

The provisions of Chapters VIII, X, and XI of the Code shall, as far as may be, apply.

What power does the State Government have under Section 17(3)?

The State Government may, by notification in the Official Gazette, make one or more schemes specifying how officers should take preventive action to prevent atrocities and restore a sense of security among SC/ST members.

Which provision of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 deal with “Section 438 of the Code not to apply to persons committing an offence under the Act”?

Section 18

Which provision of the Code of Criminal Procedure is specifically excluded under Section 18?

Section 438 of the Code of Criminal Procedure, 1973, which deals with anticipatory bail.

To whom does Section 18 apply?

It applies to any person facing arrest on an accusation of having committed an offence under this Act.

What is the legal effect of Section 18 on anticipatory bail applications?

No person accused of an offence under this Act can claim anticipatory bail under Section 438 of the Code of Criminal Procedure.

Which provision of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 deal with “No enquiry or approval required”?

Section 18A

Is a preliminary enquiry required for registration of an FIR under Section 18A(1)(a)?

No

Is prior approval required for arrest under Section 18A(1)(b)?

No

Does any procedure outside this Act or the Code apply under Section 18A(1)(b)?

No

Does Section 438 of the CrPC apply to cases under this Act according to Section 18A(2)?

No

Which provision of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 deal with “Section 360 of the Code or the provisions of the Probation of Offenders Act not to apply to persons guilty of an offence under the Act”?

Section 19

Which provisions are specifically excluded for offenders under Section 19?

Section 360 of the Code of Criminal Procedure, 1973, and the Probation of Offenders Act, 1958.

To whom does Section 19 apply?

It applies to any person above the age of eighteen years who is found guilty of committing an offence under this Act.

What is the legal effect of Section 19 on probation or suspension of sentence?

Adults guilty of offences under this Act cannot be granted probation or benefit under Section 360 of the CrPC or the Probation of Offenders Act.

Which provision of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 deal with “Act to override other laws”?

Section 20

What is the general principle established by Section 20?

The provisions of this Act shall prevail notwithstanding anything inconsistent in any other law for the time being in force.

Does Section 20 allow any exceptions to its overriding effect?

Yes, exceptions are allowed only as otherwise specifically provided within this Act.

What types of legal instruments or customs does Section 20 override?

It overrides any custom, usage, or instrument that has effect by virtue of any law inconsistent with this Act.

Which provision of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 deal with “Duty of Government to ensure effective implementation of the Act”?

Section 21

Who is primarily responsible for the effective implementation of the Act under Section 21(1)?

The State Government

What specific measures may the State Government take under Section 21(2)?

Measures may include:

(i) providing adequate facilities, including legal aid to victims;

(ii) travel and maintenance expenses for witnesses and victims;

(iii) economic and social rehabilitation of victims;

(iv) appointment of officers to supervise prosecutions;

(v) setting up committees to assist in implementation;

(vi) periodic surveys of the Act’s working; and

(vii) identification of areas where SC/ST members are likely to face atrocities and adopting safety measures.

What role does the Central Government have under Section 21(3)?

The Central Government shall coordinate the measures taken by State Governments for effective implementation.

What reporting requirement is imposed on the Central Government under Section 21(4)?

The Central Government shall annually place a report before each House of Parliament on measures taken by itself and the State Governments under this section.

Which provision of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 deal with “Protection of action taken in good faith”?

Section 22

Who is protected under Section 22?

The Central Government, State Governments, any officer or authority of Government, or any other person acting under this Act.

What types of action are covered under the protection in Section 22?

Any action done or intended to be done in good faith under this Act.

What is the legal effect of Section 22 on suits or prosecutions?

No suit, prosecution, or other legal proceedings shall lie against the protected entities for acts done in good faith under this Act.

Which provision of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 deal with “power to make rules”?

Section 23

What does Section 23 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 deal with?

Section 23 provides the Central Government with the power to make rules for carrying out the purposes of this Act and the procedure for parliamentary scrutiny.

Who has the power to make rules under Section 23(1)?

The Central Government, by notification in the Official Gazette.

What is the procedure for parliamentary scrutiny of rules under Section 23(2)?

Every rule made shall be laid before each House of Parliament for a total of thirty days during one or more sessions.

What happens if both Houses modify or reject a rule under Section 23(2)?

The rule shall thereafter have effect only in the modified form or shall be of no effect, as the case may be.

Does modification or annulment of a rule affect actions already taken under it?

No, any modification or annulment shall be without prejudice to the validity of anything previously done under that rule.