Scheduled Castes And
Scheduled Tribes (Prevention Of Atrocities) Act, 1989
[Act
No. 33 of 1989 dated 11th September, 1989]
An
Act to prevent the commission of offences of atrocities against the
members of the Scheduled Castes and the Scheduled Tribes, to provide
for Special Courts for the trial of such offences and for the relief
and rehabilitation of the victims of the such offences and for
matters connected therewith or incidental thereto.Be it enacted by
Parliament in the Fortieth Year of the Republic of India as follows:
-
CHAPTER
I: PRELIMINARY
1.
Short title, extent and commencement
(1)
This Act may be called the Scheduled Castes and the Scheduled Tribes
(Prevention of Atrocities) Act, 1989.
(2)
It extends to the whole of India except the State of Jammu and
Kashmir.
(3)
It shall come into force on such date1 as the Central
Government may, by notification in the Official Gazette, appoint.
2. Definitions
(1)
In this Act, unless the context otherwise requires,-
(a)
"atrocity" means an offence punishable under section 3;
(b)
"Code" means the Code of Criminal Procedure, 1973 (2 of
1974);
(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;
(d)
"Special Court" means a Court of Session specified as a
Special Court in section 14;
(e)
"Special public Prosecutor" means a Public Prosecutor
specified as a Special Public Prosecutor or an advocate referred to
in section 15;
(f)
words and expressions used but not defined in this Act and defined in
the Code or the Indian Penal Code (45 of 1860) shall have the
meanings assigned to them respectively in the Code, or as the case
may be, in the Indian Penal Code.
(2)
Any reference in this Act to any enactment or any provision thereof
shall, in relation to an area in which such enactment or such
provision is not in force, be construed as a reference to the
corresponding law, if any, in force in that area.
CHAPTER
II: OFFENCES OF ATROCITIES
3. Punishments for
offences of atrocities
(1)
Whoever, not being a member of a Scheduled Caste or a Scheduled
Tribe,-
(i)
forces a member of a Scheduled Caste or a Scheduled Tribe to drink or
eat any inedible or obnoxious substance;
(ii)
acts with intent to cause injury, insult or annoyance to any member
of a Scheduled Caste or a Scheduled Tribe by dumping excreta, waste
matter, carcasses or any other obnoxious substance in his promises or
neighbourhood;
(iii)
forcibly removes clothes from the person of a member of a Scheduled
Caste or a Scheduled Tribe or parades him naked or with painted face
or body or commits any similar act which is derogatory to human
dignity;
(iv)
wrongfully occupies or cultivates any land owned by, or allotted to,
or notified by any competent authority to be allotted to, a member of
a Scheduled Caste or a Scheduled Tribe or gets the land allotted to
him transferred;
(v)
wrongfully dispossesses a member of a Scheduled Caste or a Scheduled
Tribe from his land or premises or interferes with the enjoyment of
his rights over any land, premises or water;
(vi)
compels or entices a member of a Scheduled Caste or a Scheduled Tribe
to do 'begar' or other similar forms of forced or bonded labour other
than any compulsory service for public purposes imposed by
Government;
(vii)
forces or intimidates a member. of a Scheduled Caste or a Scheduled
Tribe not to vote or to vote to a particular candidate or to vote in
a manner other than that provided by law;
(viii)
institutes false, malicious or vexatious suit or criminal or other
legal proceedings against a member of a Scheduled Caste or a
Scheduled Tribe;
(ix)
gives, any false or frivolous information to any public servant and
thereby causes such public servant to use his lawful power to the
injury or annoyance of a member of a Scheduled Caste or a Scheduled
Tribe;
(x)
intentionally insults or intimidates with intent to humiliate a
member of a Scheduled Caste or a Scheduled Tribe in any place within
public view;
(xi)
assaults or uses force to any woman belonging to a Scheduled Caste or
a Scheduled Tribe with intent to dishonour or outrage her modesty;
(xii)
being in a position to dominate the will of a woman belonging to a
Scheduled Caste or a Scheduled Tribe and uses that position to
exploit her sexually to which she would not have otherwise agreed;
(xiii)
corrupts or fouls the water of any spring, reservoir or any other
source ordinarily used by members of the Scheduled Castes or the
Scheduled Tribes so as to render it less fit for the purpose for
which it is ordinarily used;
(xiv)
denies a member of a Scheduled Caste or a Scheduled Tribe any
customary right of passage to a place of public resort or obstructs
such member so as to prevent hint from using or having access to a
place of public resort to which other members of public or any
section thereof have a right to use or access to;
(xv)
forces or causes a member of a Scheduled Caste or a Scheduled Tribe
to leave his house, village or other place of residence,
shall
be punishable with imprisonment for a term which shall not be less
than six months but which may extend to five years and with fine.
(2)
Whoever, not being a member of a Scheduled Caste or a Scheduled
Tribe,-
(i)
gives or fabricates false evidence intending thereby to cause, or
knowing it to be likely that he will thereby cause, any member of a
Scheduled Caste or a Scheduled Tribe to be convicted of an offence
which is capital by the law for the time being in force shall be
punished with imprisonment for life and with fine; and if an innocent
member of a Scheduled Caste or a Scheduled Tribe be convicted and
executed in consequence of such false or fabricated evidence, the
person who gives or fabricates such false evidence, shall be punished
with death;
(ii)
gives or fabricates false evidence intending thereby to cause, or
knowing it to be likely that he will thereby cause, any member of a
Scheduled Caste or a Scheduled Tribe to be convicted of an offence
which is not capital but punishable with imprisonment for a term of
seven years or upwards, shall be punishable with imprisonment for a
term which shall not be less than six months but which may extend to
seven years or upwards and with fine;
(iii)
commits mischief by fire or any explosive substance intending to
cause or knowing it to be likely that he will thereby cause damage to
any property belonging to a member of a Scheduled Caste or a
Scheduled Tribe, shall be punishable with imprisonment for a term
which shall not be less than six months but which may extend to seven
years and with fine;
(iv)
commits mischief by fire or any explosive substance intending to
cause or knowing it to be likely that he will thereby cause
destruction of any building which is ordinarily used as a place of
worship or as a place for human dwelling or as a place for custody of
the property by a member of a Scheduled Caste or a Scheduled Tribe,
shall be punishable with imprisonment for life and with fine;
(v)
commits any offence under the Indian Penal Code (45 of 1860)
punishable with imprisonment for a term of ten years or more against
a person or property on the ground that such person is a member of a
Scheduled Caste or a Scheduled Tribe or such property belongs to such
member, shall be punishable with imprisonment for life and with fine;
(vi)
knowingly or having reason to believe that an offence has been
committed under this Chapter, causes any evidence of the commission
of that offence to disappear with the intention of screening the
offender from legal punishment, or with that intention gives any
information respecting the offence which he knows or believes to be
false, shall be punishable with the punishment provided for that
offence; or
(vii)
being a public servant, commits any offence under this section, shall
be punishable with imprisonment for a term which shall not be less
than one year but which may extend to the punishment provided for
that offence.
4. Punishment for
neglect of duties
Whoever,
being a public servant but not being a member of a Scheduled Caste or
a Scheduled Tribe, wilfully neglects his duties required to be
performed by him under this Act, shall be punishable with
imprisonment for a term shall not be than six months but which may
extend to one year.
5. Enhanced
punishment for subsequent conviction
Whoever,
having already been convicted of an offence under this Chapter is
convicted for the second offence or any offence subsequent to second
offence, shall be punishable with imprisonment for a term which shall
not be less than one year but which may extend to the punishment
provided for that offence.
6. Application of
certain provisions of the Indian Penal Code
Subject
to the other provisions of this Act, the provisions of section 34,
Chapter III, Chapter IV, Chapter V, Chapter VA, section 149 and
Chapter XXIII of the Indian Penal Code (45 of 1860), shall, so far as
may be, apply for the purposes of this Act as they apply for the
purposes of the Indian Penal Cede.
7. Forfeiture of
property of certain persons
(1)
Where a person has been convicted of any offence punishable under
this Chapter, the Special Court may, in addition to awarding any
punishment, by order in writing, declare that any property, movable
or immovable or both, belonging to the person, which has been used
for the commission of that offence, shall stand forfeited to
Government.
(2)
Where any person is accused of any offence under this Chapter, it
shall be open to the Special Court trying him to pass an order that
all or any of the properties, movable or immovable or both, belonging
to him, shall, during the period of such trial, be attached, and
where such trial ends in conviction, the property so attached shall
be liable to the extent it is required for the purpose of realisation
of any fine imposed under this chapter.
8. Presumption as
to offences
In
a prosecution for an offence under this Chapter, if it is proved
that-
(a)
the accused rendered any financial assistance to a person accused of,
or reasonably suspected of committing, an offence under this Chapter,
the Special Court shall presume, unless the contrary is proved, that
such person had abetted the offence;
(b)
a group of persons committed an offend under this Chapter and if it
is proved that the offence committed was a sequel to any existing
dispute regarding land or any other matter, it shall be presumed that
the offence was committed in furtherance of the common intention or
in prosecution of the common object.
9. Conferment of
powers
(1)
Notwithstanding anything contained in the Code or in any other
provision of this Act, the State Government may, if it considers it
necessary or expedient so to do,-
(a)
for the prevention of and for coping with any offence under this Act,
or
(b)
for any case or class or group of cases under this Act,
in
any district or part thereof, confer, by notification in the Official
Gazette, on any officer of the State Government, the powers
exercisable by a police officer under the Code in such district or
part thereof or, as the case may be, for such case or class or group
of cases, and in particular the powers of arrest, investigation and
prosecution of persons before any Special Court.
(2)
All officers of police and all other officers of Government shall
assist the officer referred to in sub-section (1) in the execution of
the provisions of this Act or any rule, scheme or order made
thereunder.
(3)
The provisions of the Code shall, so far as may be, apply to the
exercise of the powers by an officer under sub-section (1).
10. Removal of
person likely to commit offence
(1)
Where the Special Court is satisfied, upon a complaint or a police
report that a person is likely to commit an offence under Chapter II
of this Act in any area included in ''Scheduled Area'' or ''tribal
areas'', as referred to in article 244 of the Constitution, it may,
by order in writing, direct such person to remove himself beyond the
limits of such area, by such route and within such time as may be
specified in the order, and not to return to that area from which he
was directed to remove himself for such period, not exceeding two
years, as may he specified in the order.
(2)
The Special Court shall, along with the order under sub-section (1),
communicate to the person directed under that sub-section the grounds
on which such order has been made.
(3)
The Special Court may revoke or modify the order made under
sub-section (1), for the reasons to be recorded in writing, on the
representation made by the person against whom such order has been
made or by any other person on his behalf within thirty days from the
date of the order.
11. Procedure on
failure of person to remove himself from area and enter thereon after
removal
(1)
If a person to whom a direction has been issued under section 10 to
remove himself from any area-
(a)
fails to remove himself as directed; or
(b)
having so removed himself enters such area within the period
specified in the order,
otherwise
than with the permission in writing of the Special Court under
sub-section (2), the Special Court may cause him to be arrested and
removed in police custody to such place outside such area as the
Special Court may specify.
(2)
The Special Court may, by order in writing, permit any person in
respect of whom an order under section 10 has been made, to return to
the area from which he was directed to remove himself for such
conditions as may be specified in such order and may required him to
execute a bond with or without surety for the due observation of the
conditions imposed.
(3)
The Special Court may at any time revoke any such permission.
(4)
Any person who, with such permission, returns to the area from which
he was directed to remove himself shall observe the conditions
imposed, and at the expiry of the temporary period for which he was
permitted to return, or on the revocation of such permission before
the expiry of such temporary period, shall remove himself outside
such area and shall not return thereto within the unexpired portion
specified under section 10 without a fresh permission.
(5)
If a person fails to observe any of the conditions imposed or to
remove himself accordingly or having so removed himself enters or
returns to such area without fresh permission the Special Court may
cause him to be arrested and removed in police custody to such place
outside such area as the Special Court may specify.
12. Taking
measurements and photographs, etc., of persons against whom order
under section 10 is made
(1)
Every person against whom an order has been made under section 10
shall, if so required by the Special Court, allow his measurements
and photographs to be taken by a police officer.
(2)
If any person referred to in sub-section (1), when required to allow
his measurements or photographs to be taken resists or refuses to
allow his taking of such measurements or photographs, it shall be
lawful to use all necessary means to secure the taking thereof.
(3)
Resistance to or refusal to allow the taking of measurements or
photographs under sub-section (2) shall be deemed to be an offence
under section 186 of the Indian Penal Code (45 of 1860).
(4)
Where an order under section 10 is revoked, all measurements and
photographs (including negatives) taken under sub-section (2) shall
be destroyed or made over to the person against whom such order is
made.
13. Penalty for
non-compliance of order under section 10
Any
person contravening an order of the Special Court made under section
10 shall be punishable with imprisonment for a term which may extend
to one year and with fine.
CHAPTER
IV: SPECIAL COURTS
14. Special Court
For
the purpose of providing for speedy trial, the State Government
shall, with the concurrence of the Chief Justice of the High Court,
by notification in the Official Gazette, specify for each district a
Court of Session to be a Special Court to try the offences under this
Act.
15. Special Public
Prosecutor
For
every Special Court, the State Government shall, by notification in
the Official Gazette, specify a Public Prosecutor or appoint an
advocate who has been in practice as an advocate for not less than
seven years, as a Special Public Prosecutor for the purpose of
conducting cases in that Court.
CHAPTER
V: MISCELLANEOUS
16. Power of State
Government to impose collective fine
The
provisions of section 10A of the Protection of Civil Rights Act, 1955
(22 of 1955) shall, so far as may be, apply for the purposes of
imposition and realisation of collective fine and for all other
matters connected therewith under this Act.
17. Preventive
action to be taken by the law and order machinery
(1)
A District Magistrate or a Sub-divisional Magistrate or any other
Executive Magistrate or any police officer not below the rank of a
Deputy Superintendent of Police may, on receiving information and
after such inquiry as he may think necessary, has reason to believe
that a person or a group of persons not belonging to the Scheduled
Castes or the Scheduled Tribes, residing in or frequenting any place
within the local limits of his jurisdiction is likely to commit an
offence or has threatened to commit any offence under this Act and is
of the opinion that there is sufficient ground for proceeding,
declare such an area to be an area prone to atrocities and take
necessary action for keeping the peace and good behaviour and
maintenance of public order and tranquillity and may take preventive
action.
(2)
The provisions of Chapters VIII, X and XI of the Code shall, so far
as may be, apply for the purposes of sub-section (1).
(3)
The State Government may, by notification in the Official Gazette,
make one or more schemes specifying the manner in which the officers
referred to in sub-section (1) shall take appropriate action
specified in such scheme or schemes to prevent atrocities and to
restore the feeling of security amongst the members of the Scheduled
Castes and the Scheduled Tribes.
18. Section 438 of
the Code not to apply to persons committing an offence under the Act
Nothing
in section 438 of the Code shall apply in relation to any case
involving the arrest of any person on an accusation of having
committed an offence under this Act.
19. 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
The
provisions of section 360 of the Code and the provisions of the
Probation of Offenders Act, 1958 (20 of 1958) shall not apply to any
person above the age of eighteen years who is found guilty of having
committed an offence under this Act.
20. Act to override
other laws
Save
as otherwise provided in this Act, the provision of this Act shall
have effect notwithstanding anything inconsistent therewith contained
in any other law for the time being in force or any custom or usage
or any instrument having effect by virtue of any such law.
21. Duty of
Government to ensure effective implementation of the Act
(1)
Subject to such rules as the Central Government may make in this
behalf, the State Government shall take such measures as may be
necessary for the effective implementation of this Act.
(2)
In particular, and without prejudice to the generality of the
foregoing provisions, such measures may include,-
(i)
the provision for adequate facilities, including legal aid, to the
persons subjected to enable them to avail themselves of justice;
(ii)
the provision for travelling and maintenance expenses to witnesses,
including the victims of atrocities, during investigation and trial
of offence under this Act;
(iii)
the provision for the economic and social rehabilitation of the
victims of the atrocities;
(iv)
the appointment of officers for initiating or exercising supervision
over prosecutions for the contravention of the provisions of this
Act;
(v)
the setting up of committees at such appropriate levels as the State
Government may think fit to assist that Government in formulation or
implementation of such measures;
(vi)
provision for a periodic survey of the working of the provisions of
this Act with a view to suggesting measures for the better
implementation of the provisions of this Act;
(vii)
the identification of the areas where the members of the Scheduled
Castes and the Scheduled Tribes are likely to be subjected to
atrocities and adoption of such measures so as to ensure safety for
such members.
(3)
The Central Government shall take such steps as may be necessary to
co-ordinate the measures taken by the State Governments under
sub-section (1).
(4)
The Central Government shall, every year, place on the table of each
House of Parliament a report on the measures taken by itself and by
the State Governments in pursuance of the provisions of this section.
22.
Protection of action taken in good faith
No
suit, prosecution or other legal proceedings shall lie against the
Central Government or against the State Government or any officer or
authority of Government or any other person for anything which is in
good faith done or intended to be done under this Act.
23. Power to make
rules
(1)
The Central Government may, by notification in the Official Gazette,
make rules for carrying out the purposes of this Act.
(2)
Every rule made under this Act shall be laid, as soon as may be after
it is made, before each House of Parliament, while it is in session
for a total period of thirty days which may be comprised in one
session or in two or more successive sessions, and if, before the
expiry of the session immediately following the session or the
successive sessions aforesaid, both Houses agree in making any
modification in the rule or both Houses agree that the rule should
not be made, the rule shall thereafter have effect only in such
modified form or be of no effect, as the case may be; so, however,
that any such modification or annulment shall be without prejudice to
the validity of anything previously done under that rule.
Foot Notes
1.
The appointed date is 30th. January, 1990 vide Notification No. S.O.
106(E), dated 29th. January, 1990.