JUDGMENT

Jagdish Singh Khehar, CJI.

Leave granted in the special leave petitions.

2. The question that arises for consideration, emerges from the impugned order, dated 18/20.01.2011, passed by the High Court of Patna. It pertains to the validity of the investigative process, under the provisions of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the 'SCST Act').

3. In order to demonstrate the seriousness of the issue, learned counsel in Civil Appeal arising from SLP(C) No. 7317 of 2017 (filed by an accused before this Court) invited our attention to Section 3(2) of the ‘SCST Act’, which is extracted hereunder:

“3. Punishments for offences of atrocities.-

(1)…. …. ….

(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