View source for Scheduled Castes And The Scheduled Tribes (Prevention Of Atrocities) Act, 1989

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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 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 1
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 date 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 2
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 premises or neighborhood;
(iii) forcibly removes clothes from the person of a member of a
Scheduled Caste or a Scheduled Tribe or parades him naked orwith
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 labor 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 dishonor 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 Caste 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 him 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 Sched
uled 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 imprisonmentfor 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 intend ing
t o 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 intend ing
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 which shall not be less 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 the 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 V-A, 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 Code.

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 forfeiture to the extent it is required for the
purpose of realization 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 offence 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 maybe, 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).

CHAPTER 3
EXTERNMENT

10. Removal Of Person Likely To Commit Offence :-
(l) 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 Areas 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 be 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 temporary period and subject to such conditions as may be
specified in such order and may require 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 :-
(l) 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 the 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 4
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 5
MISCELLANEOUS

16. Power Of State Government To Impose Collective Fine
:-
The provisions of Section 10-A of the Protection of Civil Rights Act,
1955 (22 of 1955) shall, so far as may be, apply for the purposes
o f imposition and realization 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 enquiry 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 behavior and
maintenance of public order and tranquillity and may take
preventive action.
(2) The provisions of Chapters VIII, X and XI of the Codeshall, 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 And 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 provisions 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 atrocities to enable them to avail themselves
of justice-
(ii) the provision for travelling and maintenance expenses to wit
nesses including the victims of atrocities, during investigation and
trial of offences 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 super
vision 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 provi sions
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.