PROTECTION OF CIVIL RIGHTS ACT, 1955
(1) This Act may be called 1[the Protection of Civil Rights Act], 1955.
(2) It extends2 to the whole of India.
(3) It shall come into force on such date3 as the Central Government may, by notification in the Official Gazette, appoint.
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1. Subs. by Act 106 of 1976, sec. 3, for “the Untouchability (Offences) Act” (w.e.f. 19-11-1976).
2. Extended to Goa, Daman and Diu with modification by Regulation 12 of 1962, sec. 3 and Sch.; to Dadra and Nagar Haveli by Regulation 6 of 1963, sec. 2 and Sch. I (w.e.f. 1st July, 1965) and to Pondicherry by Regulation 7 of 1963, sec. 3 and Sch. I (w.e.f. 1-10-1963).
3. Came into force on 1-6-1
In this Act, unless the context otherwise requires,—
1[(a) “civil rights” means any right accruing to a person by reason of the abolition of “untouchability” by article 17 of the Constitution;]
2[(aa)] “hotel” includes a refreshment room, a boarding house, a lodging house, a coffee house and a cafe;
3[(b) “place” includes a house, building and other structure and premises; and also includes a tent, vehicle and vessel;]
(c) “place of public entertainment” includes any place to which the public are admitted and in which an entertainment is provided or held.
Explanation—“Entertainment” includes any exhibition, performance, game, sport and any other form of amusement;
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Whoever on the ground of “untouchability” prevents any person—
(a) from entering any place of public worship which is open to other persons professing the same religion 1[***] or any section thereof, as such person; or
(b) from worshipping or offering prayers or performing any religious service in any place of public worship, or bathing in, or using the waters of, any sacred tank, well, spring or water-course 2[river or lake or bathing at any ghat of such tank, water-course, river or lake] in the same manner and to the same extent as is permissible to the other persons professing the same religion 1[***] or any section thereof, as such person,
3[shall be punishable with imprisonment for a term of not less than one month and not more than six months and also with fine which shall be n
Whoever on the ground of “untouchability” enforces against any person any disability with regard to—
(i) access to any shop, public restaurant, hotel or place of public entertainment; or
(ii) the use of any utensils, and other articles kept in any public restaurant, hotel, dharamshala, sarai or musafirkhana for the use of the general public or of 1[any section thereof]; or
(iii) the practice of any profession or the carrying on of any occupation, trade or business 2[or employment in any job]; or
(iv) the use of, or access to, any river, stream, spring, well, tank, cistern, water-tap or other watering place, or any bathing ghat, burial or cremation ground, any sanitary convenience, any road, or passage, or any other place of public reso
Whoever on the ground of “untouchability”—
(a) refuses admission to any person to any hospital, dispensary, educational institution or any hostel 1[***], if such hospital, dispensary, educational institution or hostel is established or maintained for the benefit of the general public or any section thereof; or
(b) does any act which discriminates against any such person after admission to any of the aforesaid institutions,
2[shall be punishable with imprisonment for a term of not less than one month and not more than six months and also with fine which shall be not less than one hundred rupees and not more than five hundred rupees].
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1. The words "attached
Whoever on the ground of “untouchability” refuses to sell any goods or refuses to render any service to any person at the same time and place and on the same terms and conditions at or which such goods are sold or services are rendered to other persons in the ordinary course of business 1[shall be punishable with imprisonment for a term of not less than one month and not more than six months and also with fine which shall be not less than one hundred rupees and not more than five hundred rupees].
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1. Subs. by Act 106 of 1976, sec. 8, for certain words (w.e.f. 19-11-1976).
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(1) Whoever—
(a) prevents any person from exercising any right accruing to him by reason of the abolition of “untouchability” under article 17 of the Constitution; or
(b) molests, injures, annoys, obstructs or causes or attempts to cause obstruction to any person in the exercise of any such right or molests, injures, annoys or boycotts any person by reason of his having exercised any such right; or
(c) by words, either spoken or written, or by signs or by visible representations or otherwise, incites or encourages any person or class of persons or the public generally to practice “untouchability” in any form whatsoever; 1[or]
1[(d) insults or attempts to insult, on the ground of “untouchability”, a member of a Scheduled Caste;]
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(1) Whoever compels any person, on the ground of “untouchability”, to do any scavenging or sweeping or to remove any carcass or to flay any animal, or to remove the umbilical cord or to do any other job of a similar nature shall be deemed to have enforced a disability arising out of “untouchability”.
(2) Whoever is deemed under sub-section (1) to have enforced a disability arising out of “untouchability” shall be punishable with imprisonment for a term which shall not be less than three months and not more than six months and also with fine which shall not be less than one hundred rupees and not more than five hundred rupees.
Explanation.— For the purposes of this section, “compulsion” includes a threat of social or economic boycott.]
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When a person who is convicted of an offence under section 6 holds any licence under any law for the time being in force in respect of any profession, trade, calling or employment in relation to which the offence is committed, the court trying the offence may without prejudice to any other penalty to which such person may be liable under that section, direct that the licence shall stand cancelled or be suspended for such period as the court may deem fit, and every order of the court so cancelling or suspending a licence shall have effect as if it had been passed by the authority competent to cancel or suspend the licence under any such law.
Explanation—In this section, “licence” includes a permit or a permission.
Where the manager or trustee of a place of public worship 1[or any educational institution or hostel] which is in receipt of a grant of land or money from the Government is convicted of an offence under this Act and such conviction is not reversed or quashed in any appeal or revision, the Government may, if in its opinion the circumstances of the case warrant such a course, direct the supension or resumption of the whole or any part of such grant.
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1. Ins. by Act 106 of 1976, sec. 11 (w.e.f. 19-11-1976).
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(1) If, after an inquiry in the prescribed manner, the State Government is satisfied that the inhabitants of an area are concerned in, or abetting the commission of, any offence punishable under this Act, or harbouring persons concerned in the commission of such offence or failing to render all the assistance in their power to discover or apprehend the offender or offenders or suppressing material evidence of the commission of such offence, the State Government may, by notification in the Official Gazette, impose a collective fine on such inhabitants and apportion such fine amongst the inhabitants who are liable collectively to pay it, and such apportionment shall be made according to the State Government’s judgment of the respective means of such inhabitants and in making any such apportionment the State Government may assign a portion of such fine to a Hindu undivided family to be payable by it:
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Whoever abets any offence under this Act shall be punishable with the punishment provided for the offence.
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1. Ins. by Act 106 of 1976, sec. 12 (w.e.f. 19-11-1976).
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Whoever having already been convicted of an offence under this Act or of an abetment of such offence is again convicted of any such offence or abetment, 1[shall, on conviction, be punishable—
(a) for the second offence, with imprisonment for a term of not less than six months and not more than one year, and also with fine which shall be not less than two hundred rupees and not more than five hundred rupees;
(b) for the third offence or any offence subsequent to the third offence with imprisonment for a term of not less than one year and not more than two years, and also with fine which shall be not less than five hundred rupees and not more than one thousand rupees].
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1. Subs. by Act 106 of 1976, sec. 14, f
Where any act constituting an offence under this Act is committed in relation to a member of a Scheduled Caste 1[***], the Court shall presume, unless the contrary is proved, that such act was committed on the ground of “untouchability”.
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1. The words "as defined in clause (24) of article 366 of the Constitution" omitted by Act 106 of 1976, sec. 15 (w.e.f. 19-11-1976).
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(1) No Civil Court shall entertain or continue any suit or proceeding or shall pass any decree or order if the claim involved in such suit or proceeding or if the passing of such decree or order or if such execution would in any way be contrary to the provisions of this Act.
(2) No Court shall, in adjudicating any matter or executing any decree or order, recognise any custom or usage imposing any disability on any person on the ground of “untouchability”.
(1) No suit, prosecution or other legal proceeding shall lie against the Central Government or a State Government for anything which is in good faith done or intended to be done under this Act.
(2) No suit or other legal proceeding shall lie against the Central Government or a State Government for any damage caused or likely to be caused by anything which is in good faith done or intended to be done under this Act.]
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1. Ins. by Act 106 of 1976, sec. 16 (w.e.f. 19-11-1976).
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(1) If the person committing an offence under this Act is a company, every person who at the time the offence was committed was in charge of, and was responsible to the company for the conduct of the business of the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:
Provided that nothing contained in this sub-section shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed with the consent of any director or manager, secretary or other officer of the company, such director, manager, secretary or other officer shal
(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 ensuring that the rights arising from the abolition of “untouchability” are made available to, and are availed of by the persons subjected to any disability arising out of “untouchability”.
(2) In particular, and without prejudice to the generality of the provisions of sub-section (1), such measures may include—
(i) the provision of adequate facilities, including legal aid, to the persons subjected to any disability arising out of “untouchability” to enable them to avail themselves of such rights;
(ii) the appointment of officers for initiating or exercising supervision over prosecutions for the contravention of the provisions of this Act
(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), every offence punishable under this Act shall be cognizable and every such offence, except where its punishable with imprisonment for a minimum term exceeding three months, may be tried summarily by a Judicial Magistrate of the first class or in a metropolitan area by a Metropolitan Magistrate in accordance with the procedure specified in the said Code.
(2) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), when any public servant is alleged to have committed the offence of abetment of an offence punishable under this Act, while acting or purporting to act in the discharge of his official duty, no Court shall take cognizance of such offence of abetment except with the previous sanction—
(a) of the Centr
(1) The Central Government may, by notification in the Official Gazette, make rules to carry out the provisions of this Act.
(2) Every rule made by the Central Government 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.]
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The provisions of the Probation of Offenders Act, 1958 (20 of 1958), shall not apply to any person above the age of fourteen years who is found guilty of having committed any offence punishable under this Act.]
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1. Ins. by Act 106 of 1976, sec. 18 (w.e.f. 19-11-1976).
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Save as otherwise expressly provided in this Act, the provision 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 or any decree or order of any Court or other authority.
The enactments specified in the Schedule are hereby repealed to the extent to which they or any of the provisions contained therein correspond or are repugnant to this Act or to any of the provisions contained therein.
THE SCHEDULE
(See section 17)
1. The Bihar Harijan (Removal of Civil Disabilities) Act, 1949 (Bihar Act XIX of 1949).
2. The Bombay Harijan (Removal of Social Disabilities) Act, 1946 (Bombay Act X of 1947).
3. The Bombay Harijan Temple Entry Act, 1947 (Bombay Act XXXV of 1947).
4. The Central Provinces and Berar Scheduled Castes (Removal of Civil Disabilities) Act, 1947 (Central Provinces and Berar Act XXIV of 1947).
5. The Central Provinces and Berar Temple Entry Authorisation Act, 1947 (Central Provinces and Berar Act XLI of 1947).
6. The East Punjab (Removal of Religious an
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