Amendments to the SC/ST (PoA) Act affect the applicability of previously established charges under prior law during the time of alleged offenses.

ORDER

The petitioner, who is the 1^st accused in S.C.No.751 of 2015 on the files of the Special Court for offences under SC/ST (PoA) Act, Ernakulam, has filed this petition under Section 528 of the BNSS, seeking the following reliefs :-

“(i) Quash Annexure A2 charge sheet in so as it charges the petitioner with the offence under Section 3 (1)(xi) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.

(ii) Direct the Special Court for SC/ST (PoA) Act, Ernakulam to return the case files to the Judicial First Class Magistrate Court, North Paravoor for trial and disposal. (iii) Grant such other reliefs, which are just and necessary in the interest of justice.”

2. The offence alleged against the petitioner is that, he, along with the 2^nd accused, who do not belong to the Scheduled Caste / Scheduled Tribe community, followed the defacto complainant, a lady belonging to Scheduled Caste community, in a motor bike, subjected her to insult by verbal abuses and criminally trespassed into the compound of her property and poured liquor on her face and body with the threat that, if the accused so desired, she would be lifted and taken away. The aforesaid offence is said to have happened on 19.06.2014 at 5.00 pm. The Investigating Agency filed a Final Report before the Jurisdictional Magistrate alleging the commission of the offences under Sections 447, 354 and 506(i) read with Section 34 of the IPC and Section 3 (1)(xi) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. The learned Magistrate took cognizance of the offence and numbered the case as C.P.No.75 of 2014. It was later on committed and made over to the Special Court dealing with the trial of offences under SC/ST (PoA) Act cases.

3. The petitioner filed a discharge petition before the learned Special Judge, which was dismissed on 05.12.2024.

4. The main challenge in this petition is that the offence under Section 3 (1)(xi) of the SC/ST (PoA) Act, 1989 is having no applicability on the date when the incident involved in this case took place, since the relevant law prevailing at that time was the ordinance promulgated by the Central Government as Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Ordinance, 2014 dated 04.03.2014. It is pointed out that there is no provision like (1)(xi) of SC/ST (PoA), 1989 Act as per the aforesaid Ordinance. For the above reason, the petitioner seeks to quash Annexure A2 - Charge Sheet, insofar as it relates to the offence under (1)(xi) of the SC/ST (PoA) Act, 1989.

5. Heard the learned counsel for the petitioner, the learned counsel for the defacto complainant and the learned Public Prosecutor representing the State of Kerala.

6. Section 3 (1)(xi) of the SC/ST (PoA) Act, 1989, as it stood earlier, related to the offence of outraging the modesty of a woman belonging to Scheduled Castes / Scheduled Tribes community. However, the aforesaid provision was abrogated when the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Ordinance, 2014 was promulgated on 04.03.2014. In the subsequent enactment, which came into force after the aforesaid ordinance, as Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 also, there is no provision like (1)(xi) of the erstwhile Act. However, it is to be noted that, going by the provisions contained under (2)(va) of the present Act, a person who commits offence specified in the Schedule to the said enactment as against a member of a Scheduled Caste or Scheduled Tribe community, is liable to be proceeded against, as per the aforesaid provision, and he shall be punishable with such punishment as specified under the the Indian Penal Co