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CHAPTER-1
PRELIMINARY
1.
(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.
(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;
(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 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.
(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 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 Castes or a Scheduled
Tribes 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
cheduled 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 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 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 inforce
shall be punished with imprisonment for life and with fine; and
if an innocent member of a Scheduled Caste or a Scheduled Tribes
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 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 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. Whoever, being a public servant but not being a member of a
Scheduled Caste or a Scheduled Tribe, willfully 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.
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.
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, 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.
(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 realisation of any fine imposed under this Chapter.
8.
In a prosecution for an offence under this Chapter, if it is proved
that-
9.
(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 sequel to any existing
dispute regarding land or any other matter, it shall be presumed
that offence was committed in furtherance of the common intention
or in prosecution of the common object.
9.
(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 refereed 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
III
EXTERNMENT
10.
(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
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.
(1) If a person to whom a direction has been issued under section
10 to remove him self 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 an 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.
(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 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.
(4) Where an order under section 10 is revoked, all measurements
and photographs (including negative) taken under sub-section (2)
shall be destroyed or made over to the person against whom such
order is made.
13.
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.
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 offences under
this Act.
15.
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. The provisions of section 10A of the Protection of Civil Rights
Act, 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.
(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 behavior
and maintenance of public order and tranquility and may take preventive
action.
(2) The provisions of Chapters VIII, X and XI of the Code shall,
so far as maybe, 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.
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.
The provisions of section 360 of the Code and the provisions of
the Probation of Offenders Act, 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.
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.
(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 witnesses,
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 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)
provisions 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 maybe 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.
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.
(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;
show however , that any such modification annulment shall be without
prejudice to the validity of anything previously done under that
rule.
V.S.
RAMA DEVI,
Secy. to the Govt. of India
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