An Act to prevent the commission of offences of atrocities against the members of the Scheduled Castes and the Scheduled Tribes, to provide for Special Courts for the trial of such offences and for the relief and rehabilitation of the victims of such offences and for matters connected therewith or incidental thereto.

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S.3 Punishments for offences of atrocities

CHAPTER II
Offences of Atrocities

Punishments 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 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 neighbourhood;

(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 simil

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Legal Commentary on Section 3 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989

Introduction

Section 3 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, is a central provision aimed at prohibiting various forms of atrocities, insults, and humiliation committed against members of SCs and STs. It establishes specific offences with prescribed punishments to protect marginalized communities from acts of cruelty, insult, and violence, ensuring their dignity and safety.

What does Section 3 Say

Section 3 enumerates various offences committed with intent to humiliate, insult, or intimidate members of SCs and STs. It includes acts such as:- Forcing a member of SC/ST to drink or eat obnoxious substances (Section 3(1)(a))- Insulting or intimidating a member of SC/ST publicly (Section 3(1)(r))- Outraging modesty or causing injury based on caste or tribe (Section 3(1)(x))- Committing acts of cruelty, such as dumping excreta or waste on members of SC/ST (Section 3(1)(h))The section prescribes rigorous punishments including imprisonment for a minimum of six months, extending up to five years or more, along with fines.

Essential Ingredients

The core ingredients for offences under Section 3 include:- The act must be committed by a person not being a member of SC/ST (or in some cases, a public servant)- The act must be intentional, with knowledge or intention to humiliate, insult, or cause injury to the member of SC/ST- The act must be committed in a manner that causes humiliation, insult, or annoyance, either publicly or in a manner that affects the dignity of the victim- In cases of insult or intimidation, the act must be directed towards a member of SC/ST and be with the intent to humiliate or insult based on caste or tribe

Scope of Section

Section 3 broadly covers acts of atrocities, humiliation, and cruelty against SC/ST members, whether physical or verbal, in public or private settings. It also extends to acts committed by public servants in official capacity, provided the acts are motivated by caste-based animosity. The section's scope includes acts of physical violence, verbal abuse, and acts that demean or outrage the modesty of SC/ST individuals.

Punishment for Section 3 Offences

• Minimum imprisonment of six months, which can extend up to five years or more, depending on the specific offence
• Fine, which may be prescribed by the court
• The severity of punishment depends on the nature of the act, whether it involves physical injury, insult, or other cruelty
• For offences committed by public servants or in cases involving aggravating circumstances, higher penalties may be imposed

Legal Comments

• Mens Rea and Intention - Establishing the intention or knowledge to humiliate or insult is crucial for conviction under Section 3. Minor variations in witness testimony are not fatal when evidence collectively indicates the accused's intent [01700038674].
• Proof of Caste and Identity - For offences involving caste-based insult, the victim's caste status must be proved; mere calling by caste name without intent to insult may not suffice [00500012465].
• Verbal and Physical Acts - Acts such as verbal abuse or physical assault with caste-based motivation are punishable; absence of injuries does not negate the offence [Abhishek Mishra S/o Dinesh Kumar Mishra vs State of Karnataka].
• Intent and Knowledge - The offence requires proof of the accused's knowledge or intention to humiliate based on caste, which must be established through evidence [Francis Salaysia VS State].
• Public View and Outrage - Acts committed in public view or in a manner that causes humiliation in society are covered under the section; acts in private may require additional proof of intent [00500012465].
• Role of Evidence - Corroborative evidence, including witness testimonies and documentary proof, is essential; contradictions or minor variations do not necessarily invalidate the case [State of Karnataka VS Moti Alias Mohan].
• Acts by Public Servants - Acts committed by public officials motivated by caste bias are also punishable, provided the acts are not performed in the course of official duty or without malicious intent [Inder Kumar s/o late Ram Parosh Mahto vs State of Jharkhand].
• Interpretation of 'Humiliation' and 'Insult' - The courts interpret these terms liberally, focusing on the intent and context rather than mere words or actions alone [Jagji VS State of Rajasthan].
• Caste and Religion - The law distinguishes between caste-based offences and religious conversions; the mere fact of conversion does not deprive a person of SC/ST status for the purpose of offences under the Act [Rosamma Thomas VS C. I. of Police].
• Role of Intention - The prosecution must prove that acts were committed with the intention to humiliate or insult, not merely incidental or accidental acts [Francis Salaysia VS State].
• Application in Land and Property Disputes - Cases involving land disputes and caste-based abuses are covered, provided the acts are caste-motivated and intended to humiliate [Basanti Devi VS Md. Rafique].
• Case Law on Mens Rea - Courts have emphasized that mere calling by caste name without malicious intent may not constitute an offence; the intent to insult or humiliate is necessary [00500012465].
• Acts of Outrage Modesty - Acts such as physical assault or sexual harassment based on caste are punishable, with the degree of severity depending on the act’s nature [Abhishek Mishra S/o Dinesh Kumar Mishra vs State of Karnataka].
• Acts of Cruelty and Humiliation - Dumping excreta or waste on SC/ST members or forcing them to drink obnoxious substances are serious offences with stringent punishments .
• Protection of Women - Specific provisions protect women belonging to SC/ST from acts of outraging modesty, including sexual violence and verbal abuse [Firoz Hatiwale VS State].
• Necessity of Proper Investigation - Courts stress the importance of thorough investigation and proper collection of evidence, including medical and forensic reports, to establish offences under Section 3 [Abhishek Mishra S/o Dinesh Kumar Mishra vs State of Karnataka].
• Legal Presumption and Knowledge - The law presumes knowledge or intent when acts are caste-based; however, the prosecution must prove this through evidence [Francis Salaysia VS State].

Conclusion

Section 3 of the SC/ST (Prevention of Atrocities) Act, 1989, is a comprehensive provision aimed at curbing caste-based atrocities, humiliation, and cruelty. Its effective implementation relies on establishing the intent, knowledge, or malice of the accused, supported by credible evidence. The courts have consistently emphasized the importance of proof of mens rea, proper investigation, and contextual understanding of acts to ensure justice for victims and deterrence of offenders.

• [01700038674]
• [00500012465]
• [Abhishek Mishra S/o Dinesh Kumar Mishra vs State of Karnataka]
• [Francis Salaysia VS State]
• [M. C. Prasannah VS State]
• [State of Karnataka VS Narayanaswmay Abbayyappa]
• [Inder Kumar s/o late Ram Parosh Mahto vs State of Jharkhand]
• [Rosamma Thomas VS C. I. of Police]
• [State of Karnataka VS Moti Alias Mohan]
• [Nerella Veeranjaneyulu VS The State Of A. P. ]

S.1 Short title, extent, and commencement

CHAPTER I,

Preliminary

I. Short 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 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. (Act came into force on 30-1990)

S.2 Definitions

Definitions :- (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 (2 of 1974);

(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 Sessions specified as a Special Court in Section 14;

(e) "Special Public Prosecutor" means a Public Prosecutor specified as special Public Prosecutor or an advocate referred to in section 15;

S.4 Punishment for neglect of duties

Punishment for neglect of duties :- Whoever, being a public servant but not being a member of a Scheduled Caste or a Scheduled Tribe, wilfully 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.

S.5 Enhanced punishment for subsequent conviction

Enhanced 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 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.

S.6 Application of certain provisions of the Indian Penal Code

Application 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 V-A, Section 149 and Chapter XXIII of the Indian Penal Code (45 of 1860), shall, so far as may be, apply for the purposes of this Act as they apply for the purposes of the Indian Penal Code.

S.7 Forfeiture of property of certain persons

Forfeiture 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 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 Speecial 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

S.8 Presumption as to offences

Presumption 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 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 person committed an offence under this Chapter and if it is proved that the offence committed was a sequel to any existing dispute regarding land or any other matter, it shall be presumed that the offence was committed in furtherance of the common intention or in prosecution of the common object.

S.9 Conferment of powers

Conferment 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 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.

S.10 Removal of person likely to commit offence

CHAPTER III
Externment

Removal 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 area included in "Scheduled Areas" or Tribes 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 pers

S.11 Procedure on failure of person to remove himself from area and enter thereon after removal

Procedure 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 removed himself enters such area within the period specified in the order,

otherwise than with the permission in writing of the special Court member sub_section (2), the Special Court may cause him to be arrested and removed in police custody to such place outside such areas 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

S.12 Taking measurements and photographs, etc., of persons against whom order under section 10 is made

Taking 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 taken by a 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 (45 of 1860).

S.13 Penalty for non-compliance with order under Section 10

Penalty for non-compliance with 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 with fine.

S.14 Special Court

CHAPTER IV
Special Courts

Special 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 Official Gazette, specify for each district a Court of Session to be a Special Court to try the offences under this Act.

S.15 Special Public Prosecutor

Special 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 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.

S.16 Power of State Government to impose collective fine

CHAPTER V
Miscellaneous

Power of State Government to impose collective fine :- The provisions of Section 10-A of the Protection of Civil Rights Act, 1955 (22 of 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.

S.17 Preventive action to be taken by the law and order machinery

Preventive 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 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 behaviour and maintenance of public order and tran

S.18 Section 438 of the Code not to apply to persons committing an offence under the Act

Section 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 under this Act.

S.19 Section 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

Section 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 of eighteen years who is found guilty of having committed an offence under this act.

S.20 Act to override other laws

Act to override other laws :- 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 inforce or any custom or usage or any instrument having effect by virtue of any such law.

S.21 Duty of Government to ensure effective implementation of the Act

Duty 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 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 witness, including the victims of atrocities, during investigation and trial of offences under this Act;

Power to make rules :- (1) The Central Government may, by notification in the Official Gazette, make rules of 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; so, however, that any such modification or annulment shall be