SectionsParticulars
Chapter IPreliminary
1Short 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 ...
2Definitions
(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 Pro...
Chapter IIOffences Of Atrocities
3Punishments 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 ...
4Punishment for neglect of duties
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 hi...
5Enhanced 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...
6Application 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 th...
7Forfeiture 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...
8Presumption 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 reasona...
9Conferment 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 ...
Chapter IIIExternment
10Removal 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...
11Procedure 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...
12Taking 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...
13Penalty 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 ...
Chapter IVSpecial Courts
14Special 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...
15Special 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 ...
Chapter VMiscellaneous
16Power 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 reali...
17Preventive 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...
18Section 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 unde...
19Section 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 ...
20Act 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...
21Duty 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 effecti...
22Protection 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 Govern...
23Power 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 A...
The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Rules, 1951
1Short title and commencement
(1) These rules may be called the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Rules, 1995. (2) They shall come into force on the date ...
2Definitions
In these rules, unless the context otherwise requires,- (a) "Act" means the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (33 ...
3Precautionary and preventive measures
(1) With a view to prevent atrocities on the Scheduled Castes and the Scheduled Tribes, the State Government shall,- (i) identify the area where it has reason ...
4Supervision of prosecution and submission of report
(1) The State Government on the recommendation of the District Magistrate shall prepare for each District a panel of such number of eminent Senior Advocates w...
5Information to police officer in-charge of a police station
(1) Every information relating to the commission of an offence under the Act, if given orally to an officer in-charge of a police station shall be reduced to ...
6Spot inspection by officers
(1) Whenever the District Magistrate or the Sub-Divisional Magistrate or any other Executive Magistrate or any police officer not below the rank of Deputy Sup...
7Investigating Officer
(1) An offence committed under the Act shall be investigated by a police officer not below the rank of a Deputy Superintendent of Police. The investigating of...
8Setting up of the Scheduled Castes and the Scheduled Tribes Protection Cell
(1) The State Government shall set up a Scheduled Castes and the Scheduled Tribes Protection Cell at the State headquarter under the charge of Director-Genera...
9Nomination of Nodal Officer
(1) The State Government shall nominate a nodal officer of the level of a Secretary to the State Government, preferably belonging to the Scheduled Castes or t...
10Appointment of a Special Officer
In the identified area a Special Officer not below the rank of a Additional District Magistrate shall be appointed to coordinate with the District Magistrate,...
11Traveling allowance, daily allowance, maintenance expenses and transport facilities to the victim of atrocity, his or her dependant and witnesses
(1) Every victim of atrocity or his/ her dependant and witnesses shall be paid to and fro rail fare by second class in express/ mail/ passenger train or actua...
12Measures to be taken by the District Administration
(1) The District Magistrate and the Superintendent of Police shall visit the place or area where the atrocity has been committed to assess the loss of life an...
13Selection of officers and other staff members for completing the work relating to atrocity
(1) The State Government shall ensure that the administrative officers and other staff members to be appointed in an area prone to atrocity shall have the rig...
14Specific responsibility of the State Government
(1) The State Government shall make necessary provisions in its annual budget for providing relief and rehabilitation facilities to the victims of atrocity. I...
15Contingency plan by the State Government
(1) The State Government shall prepare a model contingency plan for implementing the provisions of the Act and notify the same in the Official Gazette of the ...
16Constitution of State-level vigilance and monitoring committee
(1) The State Government shall constitute a high-power vigilance and monitoring commission of not more than 25 members consisting of the following:- (i) Chief...
17Constitution of District-level vigilance and monitoring committees
(1) In each district within the State, the District Magistrate shall setup a vigilance and monitoring committee in his district to review the implementation o...
18Material for annual report
The State Government shall, every year before the 1st July, forward the report to the Central Government about the measures taken for implementing the provisi...
Annexure I
...
Schedule
[See rule 12(4)] Sl. No. Name of offence Minimum amount of Relief 1 2 3 1 Drink or eat inedible or obnoxious substance [Section 3(1)(i)] Rs. 25,000 or more d...
Have a Legal Issue?
Get connected to the Best Lawyers and Chartered Accountants Near You!