The Scheduled tastes andthe Scheduled Tribes

(Prevention of Atrocities} Act, 1989 No. 33 of 1989

(As amended)

THE SCHEDULED CASTES AND THE SCHEDULED TRIBES (PREVENTION OF ATROCITIES) ACT, 1
ACT NO. 33 OF 1989

[llrh Sepfember, i989.]

An Act to prevent the commission of offences of atrocities against the members of the Scheduled Castes and Uie Scheduled Tr
'[Special Courts and the Exclusive Special Courts) for the trial of such offences and for the relief and rehabilitation of
offences and for matters connected therewith or incidental thereto.
BF it enacted by Parliament in the Fonieth W ear of the RepubJie of India as follou's:—
CHAPTER 1
 1. Sltort title, ex(en I and commencement.—{/) This Act may be called the Scheduled Castes and
the Scheduled Tribes (Prevention of Atrocities) Act, lfi89.
(2) It extends to the whole of India except the State of Jammu & Kashmir.
{3 j It shall come into force on such date' as the Central Goveniment may, by notification in the Official
2. Definitions—{/) In this Act, unless the context othew'ise requires,—
(a} “atrocity ’ means an offence punishable under section 3;
(6) “Code” means the Code of Criminal Procedure, 1973 (2 of 1974);
’[ebb j 'dependent’ means the spouse, children, parents, brother and sister of the victim, who are dependent wh
victim for his support and maintenance;
{bc ) “economic boycott” means—
(i) a refusal to deal u'ith, 'ori. for hire or do business with other person; or
(ii) to deny opportunities including access to services or contractual opportunities for rendering service f
(i/ig to rcdusc to do anything on the terms on which things would be commonly donc in the
ordinary course uf business; or
(/»} to abstain from the p ofessioi›ai or business relalions that one would maintain with other person;
{b “Exclusive Special Court” means the Exclusive Special Coun established under sub-section (/) o
to try the offences under this Act;
(be) “forest righ Is” shall have the meaning assigned to it in sub-section (/) of section 3 of the Scheduled T
Traditional Forest Du'ellers (Recognition of Forest Rights) Act, 2006 (2 of 2007);
(fi/) “manual scavenger” shall have the meaning assigned to it in clause (g) of sub-section t*) O f section 2 of the P
Employment as Manual Scavengers and their Rehabilitation Act, 2013 (25 of 2013);
(bg) “public servant” means a public servant as defined under section 2 I of the Indian Penal Code (4S of 1860), a
person deemed to be a public servant under any other law for the

I . Subs. b\' Act I oF2016, s , For "Special Couns" (v•.e. I? 26- I -2016).
.. 1o‹h Janu o. i sso, vide nu‹iric°‹ion to. s.o. i os(r , dat a z9‹h Janua¿, i sso, see ciaz «c of india. Ex‹raorai» .
Fajt II, $ec. 3(/'i).
3. Ans. by Act I oF20t 8, s 3 t\ .c.f 26- I -20a 6).

1
time being in fo ce and iiJcIi›des any‘ person acting in his oFficial c aci1;’
•i› tndcr the Cei›ti‘al Go\‘cm cient or lhe S'ate GuvernnJ
(c) “Scheduled Castes and Scl\edu led Tribes”* shall Iiax‘e the mean ings assiyncd to then respocti vcJy under ch«
article 366 of thc Const itution;
dj “Special Court” means a Court of Session specified as a Special CoUrt in section 14;
(e) “Specia1 Public Prosecutor” means a Public Prosecutor specified as a Special Public Prosecutor or an adv
section 1. 5;
'[(en) “Schedule" means the Schedule appended Io this Act;
(e6) “social boycott” means a refusal to permit a person to render to other person or receive from him any customary se
from social ref ations that one would ma intain with other person or to isolate hint from othcis;
(c•c) “victim” weans any individual who falls › 'ithin the definition of ltte “Scheduled Castes and Scheduled miles
sub-section (/) of section 2, and ’ho has suJcred or cxperienccd phys ical, mental, psychological, cnJoticnal or monetar
operty as a result of tht coirlJJission of any offence under this Act and includcs lv is relatives, legal guardian and legaJ heir
(e@ "›v1t iess" means any person who is acquainted with the facts and circumstances, or iS in possession of any i
knowledge necessary for the pm pose of investigation, inquiry or Ii ial of any crirn e in› of ving an offence under this
may be required to give information or ir ake a stateiiient or produce an) document during investit;ation, inquiq o
in cI udcs a vict irn of such offence;]
'[(/) the words ancl expressions used but not dcfin ed in this Act and ‹lefined in the Indian Penal Code (45 of 1 86
Act, 1872 (1 of 1572) or the Code of Criminal Procedure, 1973 (2 of 1974), as tire case may be, sha11 be deemed to
respecti› ely assigned to ilicJn in those enactments.]
(?) Any reference in th is .'\ct to an;' en.ictijie nt or an)' provision thereof shall, in relation to an area in 'hich such enac
is not in force, be construed as a reference to the con esponding
!aiv, if any, in force in I la at area.

CHAPTER 11
3. Punis lumen ts fo r o I fences atrocil ies.—°|(7) \VJioever, n ot being a member of a Scheduled Caste or a Scheduled
(a) puts and incdi ble or obnox ions substance into the mouth of a member of a Scheduled Caste or a Scheduled Trib
to drink or eat such inedible or obnoxious substance;
(b) dumps exci eta. sez'age, carcasses or a H§' Oiht•F Obn oxi ous substance in preiu ises, or at the entraii ce of the
member of a Scheflu|ed Caste or a Scheduled Tribe;
c) wit li intent to ca use injury, insu Jt or ate rio an cc to ari) Jr em ber of a Scheduled Caste Or a Scheduled Tribe, drum
matter , carcasses or any other obnoxious substance in lits neighbourhood:
(d) garlands u ith frothy car- or par odes t4aked oi- Sent i-nicked a ment her of a Scliedu I cd CaShe or a
Scheduled Tribe;
 (e) torcibiy concur its on a member or a Scheduled Caste or a Sched riled Tribe any act, such as rem oving cl
forcible tonsuring of head, removing ir oustaclaes, pa intine face cr body or any other sirii ' far act, v h icli is derog
(/) wrongfully' occup ies or c ri ltivates any land, owned by, or in the possession of or at totted to, or notified by an
to be allotted to, a ineiaiber of a Scheduled Caste or a Sche duled Tribe, or gets such land trans ferred;
(g) ›\rongfully dispossesscs a member of a Scheduled Caste or a Scheduled Trim r om his land or pi em ises or interferes
his rights, i Jclt/ding £orcsl riglJfs, over any ]and or pren l is es or neater or i • '6 a n facilities or destroys ltte crops or
therefrom.
Mp/aiia/iuir.—for the purposes of clause (/) anJ ihis clause, the cspression “wrongfully'
includes—
(â) against tile /›orson’s ›\”iJl;

( with the person’s consent, i 'here such consent has bcen o btained bj p uttinp the person, or
any other person in whom the person is interested in fear of death or of hurt; or
[D) fabricatin; i ccords of such land;
(ñ) makes a member of a Scheduled Caste or a Scheduled Tribe to do “fiegar” or other forms of forced or bo»ded tah
compulsory set v ice for public pu›{'oses Imposed b§’ the Go vernnJ ent;
(/} comú els a me/nder oÏ a SchcduJed Casta or a ScJJcdt Jed Tribe to dispose or carry hu Joan or animal cnrca
J) makes a mem her of o Scheduled Caste or a Scheduled Tribe to do ir aiiual scavenping or ei4jplo3's or perm
such ir ember for such purpose:
(1) per four s, or prom otes dedicating a Scheduled Caste or a Scited ti led Tribe oinan to a deity. idol, object of v
other i elis l ous institution as a devn#aii or any other siiu ilar pract ice or peIHr its aforetnention ed acts.
(f) for ces or intiir i dates or jar events a member of a Scheduled Caste or a Scheduled Tribe—
(N) not to vote or to › ote for a particular candidate or to vote in a manner other Alia n thai pt ov ided by law;
{B ) not to file a nomination as a candidate or to v ill draw such nomination; or
(N) not to p! opose or secon d the noni in ation of a memlaer of a Scheduled Caste or a Scheduled Ti ibe as a c
(lii) forces or inl tip* dates or obsti ucts a member of a Scheduled Caste or a Scheduled I ribe, who is a in end bcr or a
o!der of any other office of a Panchayat under Part IX of the Const itut ion or a Municipality under Part IXA o
on perform ing I heir n0rina I duties and functions;
(n) after llic poll, entices hurt or gi ie voits hurt or assault ot i i iiJ oses or thiez ten5 lo impose Ucta} or ccc›iion1
member of a Scheduled Caste or a Sclieduled Ti ibe or pi events from a 'ail ing benefits of ar; public ser 'ic+•
him ;
(o) cont rnits an y ‹offence under this bet against a iiiciuber of a Scheduled Caste or a Scheduled Tribe for hav
voted for a particular candidatc or for ha›.ing voted in a manner pro› i d ed b) law;
(p) institutes la!sc, r12a}i ci ot1s ol' Ve xatiou8 suit or cdi rp incl ci ot h yr let a l py oceeditJgs aha ip5t a
 (r/) gives any false or‘ frivolous infoiriation to aiiô publ ic ser i ant and tljerebj ca uses such public sei vant to us
th e injury or anno5 an ce of a nieinber of a Schednled Caste or a Sclieduled Tribe;
(r) intenti oiial1) insu lts oi int imi dates with iiatent to huru i liate a inein ber of a ScJieduled Caste or a Scheduled
public view;
(s) abuses any me:uber of a Scheduled Caste or a Scheduled Tribe by caste name in any place

(t) destroys, dane ages or defiles any object generally known to be held sacred or in high esteem by n embers of the Sc
Scheduled Tribes.
fit:ploiialion.—for l)Je purposes of this clause, the expr css ion “object" means and inc mic!cs slatue,
and portrait;
photo raplt
s
(ri) by w'ords either written or spoken or by signs or hy visible represeJit,ition or oIheru'ise prom otes or attem
feelings of eiunity, hatred or ill-will against members of the Scheduled Castes or the ScJicduled Tribes;
(v) by Ivor ds either written or spoken or by any other means disrespects any late person held in high esteems b
Schedulcd Caste; or the Scheduled Tribes;
(n') (/) intentionally Ioitches a u oiHari belonging to a Scheduled Caste or a Scheduled Tribe, knowing that she
Caste or a Scheduled Tribe, 'lien such act of touching is of a sexual nat ure and is without the rec ip ient’s consent;
(ii) uses words, acts or gestures of a sexual nature towards a woman belonging to a Scheduled Caste or a Schedul
she belongs to a Scheduled Caste or a Scheduled Tribe.
fiy/u/in/iñ/i.—for the imposes oY en b-clause (Jj, ltte expression ^consent” means an unequivocal
\ oliiniary a reeiii eat i'lien the person by z'ords, gcstures, or any form of non v crbal coininunicat ion, comrrn.in ic
participate in the specific act:
Pi ovided tljat a cuban belonging to a Scheduled Caste or a Scl4eduled Tribe xvl o does not offer physical resist
iiattlre is not by reason only of that fact, is to be regai ded as consent ing to the sexual activity:
Providccl further thai a ›\’onzan“s sexual I isto¿’, incl ›rting ith the offc++der shall not imply consent oi ‹zJiti
(. ) conv]ats or huts the writer of any spring, reservoir or airy oilier sour ce ordinarily used bi members of the
Scheduled Tribes so as to render it less fit for the purpose for wit icli it is ordinai ill used;
9) den ies a ir em leer of a Scheduled Caste or a Scheduled bribe any custoinaq right of passage to a place of public r
ni ember so as to preven I him from us ing or having access to pJace of public reso; to which other merry bers Of pub
thereof have a right t0
use or access to.-
(r) forces or causes a meiiilacr o f a Scheduled Caste or a Sch.dtiled Tribe to leave his house, v illage or oilier
Providcd th at n o.li i ng contained in this clausc shah a|iply to any action laken in discharge of a public duty;
(_u) olastructs or- presents a meiriber of a Scheduled Caste or a Scheduled Tribe in any ma nu er 'itla regard to

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 (d) mounting or riding bicycles or motor cycles or ›veai ing footwear of new‘ clothes in public places or takinm• out w
mounting a horse or any other vehicle during wedding processions;
(Cj entering any place of worship which is open to the public or other persons professing the same religion or tak
out, any religious, social or cultural processions including jairas,
(D) entering any educational institution, hospital, dispensary, primary health centre, shop or place of public enter
public place; or using any utensils or articles meant for public use in any place open to the public; or
(f) practicing any profession or the canying on of any occupation, trade or business or employment in any
members of the public, or any section thereof, have a right to use or have access to;
{.•b1 causes physical haiwi or mental agony of a member of a Scheduled Caste or a Scheduled
Tribe on the allegation of practicing witchcraft or being a witch; or
(zc) imposes ot threatens a social or economic boycott of any person or a family or a group
belonging to s Scheduled Caste or a Scheduled Tribe,
shall be punishable with imprisonment for a tenn which shall not he less tiian six nionths but which may
extend to five years and with fine.)
(2) \Vhosver, not being a member ofa Scheduled Caste or a Scheduled Tribe,—
(ij gives or fabricates false evidence intending thereby to cause, or kno\ving it to be likely that lie will thereby cau
Scheduled Caste or a Scheduled Tribe to be convicted of an offence which is capital by the Ian• for the time b
punished with imprisonment tot life and with fine; and if an innocent member of a Scheduled Caste or a Sc
convicted and executed iii consequence of such fatse or fabricated evidence, the person who gives or fabricates such
punished with death;
(ii) gives or fabricates false evidence intending thereby to cause, or knowing it to be likely that he will thereby cau
Scheduled Caste or a Scheduled Tribe to be convicted of an offence sthich is nor capital but punishable with
term of seven years or upu'ards, shall be punishable with imprisonment for a term which shall not be less than s
may extend to seven years or upwards and with fine;
(iii) commits mischief by fire or any explosive substance intending to cause or bowing it to be likely that he will
to any property belonging to a member of a Scheduled Caste or a Scheduled Tribe, shall be punishable with impri
which shall not be less than six months but «'hich may extend to seven years and with fine;
(iv) commits mischief by fire or any explosive suhslance intending to cause or kno ’ing it to be likely that he will th
of any building which is ordinarily used as a place of worship or as a place for human dwelling or as a place foi cust
member of a Scheduled Caste or a Scheduled Tribe, sl›a)I be punishable with imprisonment for like and \\’ith fine;
(v') commits an)' offence under the Indian Penal Code (45 of 1860) punishable with imprisonment for a term ofi ten
a person or property '[knowing that such person is a tritinber of a Scheduled Caste or a Scheduled Tribe or
to such member), shall be punishable with imprisonment for life and with fine;
'[(ve) commits any offence specified in fire Schedule, against a person or pi operty, kfioz'ing that such person is
Scheduled Caste or a Scheduled Tribe or such property belongs to such

I . Subs. by .dci 1 of 20.1. 6, s. 4 , for "on ihe ground Hi at such person is a member of a Scheduled Caste ter a Scâefiul«d Tri6e or such property
(vv.e. I 26- I -20 l6).
2. I ns. bi• s. 4, ibid. (i '.e.I 26- I -ROI 6).
5
member, shall be punishable with such punishment us specified under the Indian Penal Code (45 of 1 860)
shall also be liable to fine;)
(vij knox ingJy or having reason to believe that an offence has been cominitted under this Chapter, causes any
coinniission of that offence to disappear with the intention of screening the offender from legal punishment, or wit
any information respecfing the offence which he knows or believen to be false, shall be punishable with the punishnien
offence; or
(vii3 being a public servant, commits any offence under this section, shall be p»nisheble with imprisonment fo
not be less than one year but which may extend to the punishment provided for that offence.
‘|4. Punishment for neglect of duties.—{/) \\1oever, being a public servant buf not being a member of a Scheduled Ca
Tribe, wilfully negleos his duties required to be performed by hitn under this Act and the rules made thereunder, sha
imprisonment for a term which shall not be less than six months but H'hich may extend to one year.
{21 The duties of public servant referred to in sub-section (I) shall include—
(a) to read out to an informant the information given ora]ly, and reduced to writing by the officer in charge of the polic
the signature of the informant;
(6) to register a complaint or a First Information Report under this Act arid otJaer i’elevant proVisiofls and to
appropriate sections of this Act;
(c) to furnish a copy of the infomiation so recorded fortliw ith to the informant;
(d) to record the statement of the victims or witnesses;
[e) to conduct the investigation and file charge sheet in the Special Court or the Exclusive Spécial
Coun within a period of sixty days, and to explain the delay if any, in writing;
(/) to correctly prepare, frame and translate any docunienl or electronic record;
(g) to perform anv other duty specified in this Act or the rules made thereunder:
Provided that the charges in this regard against the public servant shall be booked on the recommendation of
enquiry.
(J) The cognizance in respect of any dei eliction of duty referred to in sub-section (2) by a public servant shall
Special Court or the Exclusive Special Court and shall give direction for penal proceedings against such pubJic ser
5. Enhanced punishment subsequent conviction.—Whoever, having already been convicted of an offence under this
for the second offence or any offence subsequent to lhe second offence, shall be punishable with imprisonment fo
not be less than one year bu: which may extend to the punishment provided for that offence.
6. Application of certain pro*'isions of the l iidian Penal Code.—Subject to the other provisions of ihis Act, the provi
Chapter II, Cbapter lV, Chaptes V, Cliapter VA, section 149 and Chapter XP lii of the Indian Penal Code (45 of 1660
be, apply for the purposes of this Act as they apply for the purposes of the Indian Penal Code.
7. Forfeifure of propert3' of certain parsons.—(?) Where a person lins bon convîcted of any offence punislia
the Special Court may, in addition to awarding any punishinent, by order in writing, declare that any property, movable or inim
beionging to the person, which has been used for the commission of that offence, s]iaI1 stand forfeited to Government.
(2) Where any person is accused of any offence under this Chapter, it shall be open to the Special

Court trying hini to pass an order that

l Sub,.byAcl l of20l6,s J, fo socüon4 ( °?24l-?0)Û.
6
 belonging to him, sha11, during the period of such trial, be attached, and where such trial ends in convi
attached shall be liable to forfeiture to the extent it is inquired for the purpose of realisation of any fine imposed
8. Presumption as to offences.—In a prosecution for an offence under this Chapter, if ii is proved that—

(o) the accused rendered '[any financial assistance in relation to the offences committed by a person accus
suspected of, committing, an offence under this Chapter, the Special Court shaJl presume, unless the contrary
person had abePed the offence;
(6) a group of persons committed an offence under this Chapter and if it is proved that the offence commited was
existing dispute regarding land or any other matter, it shall be presumed that the offence was committed in
common intention or in prosecution of the common object;
'(t c) the accused was having personal knowledge of the victim or his family, the Court shall presume that the accused was aware of the caste or tri
victim, unless the contrary is proved.]
9. Confcrment of powers.—(7) Notwithstanding anything contained in the Code or in any other provision
Government may, if it considers it necessary or expedient so to do,—
(a) for the prevention of and for coping u'ith any offence under this Act, or (é) for any case or class or group of ca
in any district or part thereof, confer, by notification in the Official Gazette, on any officer of the State Goven
exercisabJe by a police officer under the Code in such district or part thereof or, as the case may be, for such c
of cases, and in particular, the powers of arrest, investigation and prosecution of persons before any Special
{2) All officers of police and all other officers of Goverrunent shall assist the officer referred to in sub-section
of the provisions of this Act or any rule, scheme or order made thereunder,
(3) The provisions of the Code shall, so far as may be, apply to the exercise of the powers by an officer un

CHAPTER III
EKTERN NT
10. Remox'al of person likely to commit offence.—(/) \Yhere the Special Court is satisfied, upon 'z complaint or a police report
to commit an offence under Chapter II of this Act in any area included in ‘Scheduled Areas’ or ‘tribal areas’, as referred to in a
Gonstiiution, ’t r any atea identified under the provisions of clause (› ii) of sub-seclion (2) of section 21], it may, by order in
person to reiiiove himself beyond the limits of such area, by such roule and within such time as may be specified in file or
to that area from which he w'as directed to remove himself for such petiod, not exceeding ‘[three years], as may be specified i
(2) The Special Courl shall, along with the order under sub-section (/), communicate to ltte person directed under that sub-sect
which such order has been made.
(3) The Special Cotnt iiiay revoke or modify the order made nuder sub-section (/), for the reasons to be recorded in writing, on t
by the person against whom such order has been made or by any other person on his behalf ivilliin thirty days from the date of th

1 S°bs. bY Act I ot 20i 6, s. 6, for "any fina 0c ial assistance io a persoa accused of’ (w.e f. 26-1-201 6)
2. fur. by s. 6, ibid. (u'.c.Y. 26- I -20 16).
3. his. by s. 7, ibi'd
t* '.•. ñ 26- 1 -2016).

7
11. ProCtti ure on fu ilu re of 5erson to rent ove h iniself from a rca a nd enter th ercon a ftcr removal. /) If a
direction )ias been issued under section 10 to rciiiove h iinsel f fi orn any area—
(o) fa ils to i eiuov'c hiinsel I as directed; or
(6) having so reiiioved himself em ers such area within the period s]iecified in the order,
otherwise than with the permission in writing of the Special Court tinder suh-section (2), the Special Court may ca
a nd removed in police custody to such place outside such area as the SJiecial Court way specify .
{2 ) Time Special Court may, by order in 'rit ing, perm it any person in respect of whom an order under section 10 has
to the area from which he was directed to remove himsel r for such temporary period and subject to such conditions as r
order and mai' require him to execute a bond with or without surety for the due observation of the conditions imposed.
(3) The Special Court may at any time revoke any such perm ission.
(4) Any person who. ith such p@ri ission, returns to the area fi orn which he u as directed to i emove himself shall obs
imposed, and at die expiry of the temporary period for win ich he was pei rn itted to return, or on the revocation of suc
expiry of such temporary- per rod, shall rem ove liirnsel I on s ide such ar•a and shall not retuin thereto within the unexpi
under section 10 without a fresh permission.
(5) If a per son fails to obser i'e any of the conditions imposed or to i-enio›'e him set I accordingly or liar:ing so rem
returns to such area without fresh permission the Special Court may cause him to be an csted and removed in police
outside such area as the Special Court may speci\'.
12. Talâng ni easureinents and pliotogr.nphs, etc., of persons aga inst whom order u nder section 10 is in ride.—(7) E
whom an order has been made ulider section 10 shh 1, if so required by the Special Court, allow his ineasui ements
taken hy a police officer.
(*) If o ny person 1 cfei red to in sub-section (/), » hen required to allow his measurements or photographs to
refuses to allow the taking of such measui cnaents or photog ra i› ' s, it shall be law fail to usc all ii cccssary means to secure
(3) fic•s isla rice to or i efusal to allow the taking of rprasurenients or photographs under sub-section (2) shall be deemed
section 1.86 of the Indian Penal Code (45 of 1 860).
(J) Whei e an order under section 10 is re›'cked, all measurements and photos '• phs (incJucling negatives) taken under
destroyed or made over to the person against whom such order is made.
13. Pen «lty for n o n co ni plia rice of order u ntle r section 10.—And' person coiitraven ine an order of the Spee ial Co
10 shall be punishable ith iin prisonmcnt for a term ›‹'hich may extend to one year and › it li fine.

CI4A PTER IV
‘{14. Speciai no u i-i a nd Exclusive Special Court.—t/) Koi the purpose of pro idiog for speed› trial, the State Go
the concurrence of the Chief 4 ust ice of the H igli Court, by notificati on in the Off¡cii 1 Gazette, establish an Excl u
one or more Districts:
Prov ided I hat in U isi ricts where less rlu ribber of cases under this A ct is recorded, the Slate G overdue c
concurrence of the Cljief Justice of the Id igh Court, b3' not i fication in the Of}jcial Gazell c, speci fj for such Dis
Session to be a SPecial C°urt I° try *>* °ffer ces
\ nder this Act:

8
 Provided further that the Courts so established or speci fled sha11 have ponder to directly take cognizanc
Act.
(2] II shall be the nut’ of the State Gov¢nJn em to establ isib adequate number of Cuurts to cnsul e heat cases under
v’itlJin a ycriod of tv‘o months, as far as possible.
{3 ) In every trial in the Special Lourt or the Excl us ive Special Court, the proceedings shall be continued f
the witnesses in attendance have been examined, unless the Special Court or the Exclusive Special Court fi nd
same beyond the following day to be necessary for reasons to be recorded in w'ritine:
f rovided that when the trial relates to an offence tinder this Act, the trial shall, as far as possible, be completed w
onth s from the date of filing of the charge sheet.]
i
[ I4A. A ppeals. 7) Notw ithstand ing anything contained in the Code of Crim inal Procedure, 1973 (2 of 197
front any judgment, sentence or order, not being an inter|ocutoq' order, of a Special Court or an Exclusive Special Co
both on facts and on law.
(?) Totw ithstai i ding anyth ing contained in sub section (I) of sect ion 378 of the Code of Ci iminal Procedur
appeal shal I lie to the High Court against an order of the Special Court or the Exclusive Special Court grant ink or icf
(3) Notwithslandinp anJ4hing contained in any other law for the time being in force, ever) appenl under this
preferred within a period of ninet; days from the date of the judgement, sentence or order uppe ated from:
Provided that the 14 i h Court may entertain an appeal after the e.xpiry of tile said period of ninety days if it is sat i
had sit fficient cause for not preferring the appeal with in the period of ninety days:
Provided further that no a}upeal shall be enteiaained a fter the expiry of the per rod of one hundred a nd e ighty d
(4) Every appeal preferred under sub-section (/) shall, as far as possible, be disposed of within a period of th
of adrriission of the appeal.]
') I ». Special Public Y roeec u to r and Exclusive I’u blic P rosec uto r. 1) Ivor every Special Court, the State
notificati on in the Offi cial Gazette, specify a Pub lie Prcsecutoi or appoint an advocate who Jjas been in prac
n ot less than set en )'ears, as a Special Public Prosccutor for the purpose of conducting cases in that Court.
(2) for cver' Exclu s ive Specia1 Court, the State Ciovernnjent shall, by notification in the O ilicial Ga zette, s
Special P ilblic Prosecutor or appoint an ad› ocal e who has been in pract ice as an ad vocate for not less than s
Exclusive Special Pu blic Prosec Vitor for fire purpose c f
conducting cases in that Court.]

jCHAPTER1VA
1SA. Righ ts of i ict inis and ii it n csses. 7) It shall he the dury and responsi bil iiy of the State to rata de a
protection of 'ict iJiis, t)1e ir dependents, and i› itiicsses a ainsl any k ilid of intirnidation or coercion or indticer
flareals of ›'iolence.
(2 ) .A v’Jct in sl4al I be treated with fairness, rcspect and dignity and with due regard to any special need that arise
iin ’s ages r gender or educational d isadvautase or po erty.
(I) A victim or his dependent shall ha›'e the right to reasonable, accurate, and tiinel) riot ice of airy Court proceeding incl udiiig a
and the S perie I Pub›y Prosecutor or the Sra!e Government shall in foi4ii the victims about any procccdings unc4er this Act.
(d) A victim or his dependent steal I have the right to apply to the Special Court or the Exclusive Special Court, as the case ma
parties for production of an)' documents or material, witnesses or examine the persons present.
(J) A victi‹J+ or his dependent shall be entitled to be heard at a»y proceeding under this Acl in respect
bail, discharge, release, parole, conviction or sentence of an accused Or any connected proceedings
01
arguments and ñ ie written subni ission on conviction, acquittal or sentencing,
(d) Not viihstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), the Special Court oi- the Exclusive S
case under this Act shal I provide to a x ictim, his dependent, informant or ;'itnesses—
(a) the complete protection to secure the ends of justice;
(ñ) the tram e I liii* and rna intenance expenses dur iop investieatioii, iii9 uiry and trial.
(c) lh C s cial-economic reliab ilitation durins •" tiga tion, in‹Juir)' and trial: and
O
1 eS

(d) rel ocafion.

( The State sha I[ in Conn the concerned Special Court or the E xc I nerve $ pecia I Court about the protection provided to any
dependent, in foiriant or ivihiesses and such Court shall periodicnl ly review the protection being offered and pass appropi iate order
(8) Without prejudice to the generali\' of the provisions of sub section (6), the concerned Special Court or the Exclusi 'e Special
application made by a victim or his dependent, informant or iv itness in a ny proceed i• s* before it or by' the Special Public ProsecuJ or in rc!ation to such victim, infoi n ant o
motion, take stlcli ineasui es including—
(n) conceaJ ing the nain es and addresses of the ii itnesses in its orders or judgmicnts or in any recoi‘ds of the case accessible to the
(é') issuing directions for iron-disclosure of tile identity and addresses of the vi itiiesses;
(c) take irn in ediate act ion in res}iect of any comp faint ref ating to liarassir ent of a vici inn, in foriiiant or v'itress and on the s
pass aJ›propriate orders for protection:
Prof ided that irqti try or investjgat ion ink o the comp I aint received under clause (c) shall be tried separately from the rna in case by
concluded with in a pei iod of tw’o months front the date of receipt of the conipl a int:
Provided fui-ther 1| at where {he coniplaiiit under clause (c) is against a ny public scrvant. the Could sJjall restra in such pubI ic ser vaiat
tile vict ini, in forr»ant or 9'i1ness, as the case may be, in and matter related or unrelated to the per jding case, except with the pc
(9) It shall be the duty of the lDvc•stigating Officer and the Station House Officer to record the coiJJpI int of victim, infori-nant
ny kind of intimidation, coercion or inducement or
›'iolence or threats of iolence, u hether given orally or in \ i iting, and a photocopy of the First lit fornlati on Report shal I be im
them at free of cost.
(7fi) A I proccc*diiigs relating to offences flu det th is Act sha11 be i'i deo recorded.

(o) to pros’ide a copy of the recoi ded Fit st Infonnatioi i Ft cpon at free of com t;
10

1’
(c) to provide necessary protection to t]1e atrocity victims or their de|›cndents, and wiMesses;
(d} to provide relief in respect of denth or injury or damage to proper’;
(e) to arfange food or water or clothing or shelter or medicai aid or transport facilities or daily allowances to victims;
(/} to provide the maintenance expenses to the atrocity victims and their dependents;
(g) to provide the infonnation about the rights of atrocity viminis at the time of making complaints and registering the First
(£) to provide the protection to atrocity victims or their dependents and witnesses from intimidation and harassment;
(i) to provide the infonriation to atrocity victims or their dependents or associated organisations or individuals, on the status of invest
sheet and to provide copy of the charge sheet at
, free ofooH;
(f3 to take necessary precautions at the time of medica) examination;
(1) to provide infoiriation to atrocity victims or their dependents or associated organisations or individuals, regarding the relief a
(f) to provide information to atrocity victims or their dependents or associated organisations or individuals, in ad\*ance about the
investigation and trial;
(or) to give adequate briefing on the case and prepaation for trial to atrocity victims or their dependents or associated organisa
to provide the legai aid for the said purpose.
(ii) to execute the rights of atrocity victims or their dependents or associated organisations or individuals at every stage of th
this Act and to provide the necessary assistance for the execution of the rights.
(/2) lt shall be the right of the atrocity victims or their dependents, to take assistance from the Non-Cioveirinent Organisations, soc
CHAPTER V
MISCELLANEOUS
16. Po» er of State Govern ment to impose collective fine.—The provisions of Section l0A of the Protection of Civil Rights Act, 1
shall, so far as may be, apply for the purposes ct imposition and realisation of collective fine and for all other matters connecte
Act.
17. Preventive action to be taken by ltte law and order machinery.—(/) A District Magistrate own Sub-divisional Magistrate or any o
Magistrate or any po]ice officer not below the rank off Deputy Superintendent of Police may, on receiving information and afler
ill inL necessary, has reason to believe I bat a person or a group of persons not belonging to the Scheduled Cast0k or the Scheduled b
frequenting any place within the local limits of his jurisdiction is likely to commit an offence or has threatened to commit any ofien
is of ltte opinion that there is sufficient ground for proceeding, declare such an area to be an area prone to atrocities and tate neces
the peace and good behaviour and maintenance of public order and tranquillity and may taLe Jireventive action.
(2) The provisions of Chapters VIII, X and XI of the Code shall, so far as may be, apply for the
purposes of sub-section (/).
(3) The State Goveriunei I may, by s\otification in the Official Gazette, make one or more schemes speci$’ing the manner in \\‘hich tlic offi
section (/) shall tnke appropriate action specified in such schcme o schemes to prevent atrocities and to restore the feeling of sccurity a
the Sc]\eduled Castes and the Sclzeduled Ti ibes.

11
18. Section 438 of ltte Code not to apply to persons coinmi!ting an offence rnder the Act.—NocI›ing in
Code shall apply in relation to any case involving the arresc of any person on an accusation of having committed an o
l9. Section 360 of the Code or the provisions of the Probation of Offenders Act not to apply to persons guilt3' of an
Act.—The provisions of section 360 of the Code and the provisions of the Probation of Offenders Act, 1958 (20
to any person above the age of eighteen years wfio is found guihy of having committed an offence under this Act.
20. Act to override other laws.—Save as otherwise provided in fins Act, the provisions of this Act shall have effect
anything inconsistent tlierewiih contained in any other law for the time being in force or any customs or usage or any
by virtue of any such latv.
21. Duty of Government to ensure effective implementation of the Abet.—f1 j Subject to such rules as the Central Gov
this behalf, the State Goveniment shall take such measures as may bs necessary for the eiTective impleineniation of t
(2) In particular, and without prejudice to the generality of the foregoing provisions, such measures may incJude,—
(i1 the provision for adequate facilities, includins legal aid, to the persons subjected to atrocities to enable them to avail thenzseI›
(ii) the provision for travelling and maintenance expenses to witnesses, including the victims of atrocities, during in
offences under this Act;
(/z›} the provision for t)›e economic and social rehabilitation of the victims of the atrocities;
t the appoinbncnt of officers for initiating or exercising supervision over prosecutions for tic contravention oT the p
iv)

(v) the setting up of committees at svch appropriate levels as the Siate Government may think fit to assist that Covemii
implementation of such measures;
(vy§ provisiolz for a periodic survey of the working of the provisions of this Act with a view to suggesting measures
implementation of the provision o£fhis Act;
t*ii) the identification of the areas where the members of the Scheduled Castes and the Scheduled Tribes are likely to be subjected to atrocities and adoption o
ensure safety for such members.
(3) The Central Govcmment shall take such steps as may be necessary to co-ordinate the measures taken by the Stat
sub-section (/).
(4) The Central Government shall, every year, place on the table of each House of Parliament a report on the measures
by the State Governments in pursuance of the provisions of this section.
22. Protection of action taken in good faith.—No suit, prosecution or other legal proceedings shall lie Against 'the C
against the State Goreniment or any officer or authority of Government or any other person for anything which
or intended to be done under this Act.
23. Power to make rti fee.—(I j The Central Government inav, by notification in the Official Garztte. make rules for c
of this Act.
(2) Ex'ery rule made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, w
a total perlod of th irty days which may be comprised ip one session or in two ot more successive sessions, and
of the session immediately following the session or IIie successive sessions afor-esaid, both Houses agree in making any
or both I-totlscs agree that the rule should not be made, the ru]e shall thereaft:er ]zave effect only
in such inodi nd form or be of no effect, as the case mmy be; so, iiou'ever, that any such modification or

annul ment shall be without prejudice to the validity of an5'tlung pre›'iously done under tlaet rule.
 of this Act.
(2) Ex'ery rule made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, w
a total perlod of th irty days which may be comprised ip one session or in two ot more successive sessions, and
of the session immediately following the session or IIie successive sessions afor-esaid, both Houses agree in making any
or both I-totlscs agree that the rule should not be made, the ru]e shall thereaft:er ]zave effect only
in such inodi nd form or be of no effect, as the case mmy be; so, iiou'ever, that any such modification or

annul ment shall be without prejudice to the validity of an5'tlung pre›'iously done under tlaet rule.

12
“ in
heduled tastes andthe Scheduled Tribes
of Atrocities} Act, 1989 No. 33 of 1989
(As amended)

AND THE SCHEDULED TRIBES (PREVENTION OF ATROCITIES) ACT, 1989

ACT NO. 33 OF 1989

[llrh Sepfember, i989.]

of atrocities against the members of the Scheduled Castes and Uie Scheduled Tribes, to provide for
ourts) for the trial of such offences and for the relief and rehabilitation of the victims of such
es and for matters connected therewith or incidental thereto.
Parliament in the Fonieth W ear of the RepubJie of India as follou's:—
CHAPTER 1
mmencement.—{/) This Act may be called the Scheduled Castes and
n of Atrocities) Act, lfi89.
dia except the State of Jammu & Kashmir.
on such date' as the Central Goveniment may, by notification in the Official Gazette, appoint.
ess the context othew'ise requires,—
shable under section 3;
Criminal Procedure, 1973 (2 of 1974);
spouse, children, parents, brother and sister of the victim, who are dependent wholly or mainly on such
enance;
—
hire or do business with other person; or
luding access to services or contractual opportunities for rendering service for consideration; or
the terms on which things would be commonly donc in the

sioi›ai or business relalions that one would maintain with other person;
rt” means the Exclusive Special Coun established under sub-section (/) of section 14 exclusively
t;
the meaning assigned to it in sub-section (/) of section 3 of the Scheduled Tribes and Other
Recognition of Forest Rights) Act, 2006 (2 of 2007);
ave the meaning assigned to it in clause (g) of sub-section t*) O f section 2 of the Prohibition of
ngers and their Rehabilitation Act, 2013 (25 of 2013);
ublic servant as defined under section 2 I of the Indian Penal Code (4S of 1860), as wet I as any other
servant under any other law for the

al Couns" (v•.e. I? 26- I -2016).

to. s.o. i os(r , dat a z9‹h Janua¿, i sso, see ciaz «c of india. Ex‹raorai» .

-20a 6).

1
y‘ person acting in his oFficial c aci1;’
•i› tndcr the Cei›ti‘al Go\‘cm cient or lhe S'ate GuvernnJcnt, as the case may be;]
led Tribes”* shall Iiax‘e the mean ings assiyncd to then respocti vcJy under ch«+se (24) and clause (23) of

f Session specified as a Special CoUrt in section 14;

means a Public Prosecutor specified as a Special Public Prosecutor or an advocate referred to in

e appended Io this Act;

l to permit a person to render to other person or receive from him any customary service or to absta in
uld ma intain with other person or to isolate hint from othcis;
ual who falls › 'ithin the definition of ltte “Scheduled Castes and Scheduled miles” trader clause (¢) of
’ho has suJcred or cxperienccd phys ical, mental, psychological, cnJoticnal or monetary’ harm oi harm to his pi
of any offence under this Act and includcs lv is relatives, legal guardian and legaJ heirs;
who is acquainted with the facts and circumstances, or iS in possession of any information or has
e of investigation, inquiry or Ii ial of any crirn e in› of ving an offence under this .'\cl, and who is or
n or ir ake a stateiiient or produce an) document during investit;ation, inquiq or trial of such case and

d but not dcfin ed in this Act and ‹lefined in the Indian Penal Code (45 of 1 860), the In diari Evidence
e of Criminal Procedure, 1973 (2 of 1974), as tire case may be, sha11 be deemed to have th e iiieanings
ose enactments.]
' en.ictijie nt or an)' provision thereof shall, in relation to an area in 'hich such enactiiieiit or such pm i ision
eference to the con esponding

CHAPTER 11
ocil ies.—°|(7) \VJioever, n ot being a member of a Scheduled Caste or a Scheduled Ttibe,—
s substance into the mouth of a member of a Scheduled Caste or a Scheduled Tribe or forces such member
oxious substance;
es or a H§' Oiht•F Obn oxi ous substance in preiu ises, or at the entraii ce of the pi cm ices, occupied by a
cheduled Tribe;
Jt or ate rio an cc to ari) Jr em ber of a Scheduled Caste Or a Scheduled Tribe, drum Jas excrcta, waste
noxious substance in lits neighbourhood:
es t4aked oi- Sent i-nicked a ment her of a Scliedu I cd CaShe or a
 ember or a Scheduled Caste or a Sched riled Tribe any act, such as rem oving cl oihes from the person,
moving ir oustaclaes, pa intine face cr body or any other sirii ' far act, v h icli is derogatory to human dim it\';
ltivates any land, owned by, or in the possession of or at totted to, or notified by any competent authority'
a Scheduled Caste or a Sche duled Tribe, or gets such land trans ferred;
mber of a Scheduled Caste or a Scheduled Trim r om his land or pi em ises or interferes \\ ills the enjoyment of
lJfs, over any ]and or pren l is es or neater or i • '6 a n facilities or destroys ltte crops or takes awa)' the produce

s of clause (/) anJ ihis clause, the cspression “wrongfully'

e such consent has bcen o btained bj p uttinp the person, or

on is interested in fear of death or of hurt; or
d;
ed Caste or a Scheduled Tribe to do “fiegar” or other forms of forced or bo»ded tahcur other I han a‹; ’
oses Imposed b§’ the Go vernnJ ent;
cduJed Casta or a ScJJcdt Jed Tribe to dispose or carry hu Joan or animal cnrcasses, or to dig graves;
uled Caste or a Scheduled Tribe to do ir aiiual scavenping or ei4jplo3's or permits the erupt oyrn cut of

ting a Scheduled Caste or a Scited ti led Tribe oinan to a deity. idol, object of vorsli i , temple, or
evn#aii or any other siiu ilar pract ice or peIHr its aforetnention ed acts.
nts a member of a Scheduled Caste or a Scheduled Tribe—
particular candidate or to vote in a manner other Alia n thai pt ov ided by law;
ndidate or to v ill draw such nomination; or
he noni in ation of a memlaer of a Scheduled Caste or a Scheduled Ti ibe as a candidate in any election ;
ucts a member of a Scheduled Caste or a Scheduled I ribe, who is a in end bcr or a Cha i i person or a la
nchayat under Part IX of the Const itut ion or a Municipality under Part IXA o I the Cons Iituiion, I}
ies and functions;
gi ie voits hurt or assault ot i i iiJ oses or thiez ten5 lo impose Ucta} or ccc›iion1ic boycott upon a
or a Sclieduled Ti ibe or pi events from a 'ail ing benefits of ar; public ser 'ic+• vvl4icl4 is due to

r this bet against a iiiciuber of a Scheduled Caste or a Scheduled Tribe for having voted or not havJn _
for ha›.ing voted in a manner pro› i d ed b) law;
Ve xatiou8 suit or cdi rp incl ci ot h yr let a l py oceeditJgs aha ip5t a
 s infoiriation to aiiô publ ic ser i ant and tljerebj ca uses such public sei vant to use h is lady ful power to
a nieinber of a Schednled Caste or a Sclieduled Tribe;
t imi dates with iiatent to huru i liate a inein ber of a ScJieduled Caste or a Scheduled Tribe in am place i ithin

cheduled Caste or a Scheduled Tribe by caste name in any place

any object generally known to be held sacred or in high esteem by n embers of the Scheduled Casies or the

s clause, the expr css ion “object" means and inc mic!cs slatue,

spoken or by signs or hy visible represeJit,ition or oIheru'ise prom otes or attempts to prom ote
ll-will against members of the Scheduled Castes or the ScJicduled Tribes;
spoken or by any other means disrespects any late person held in high esteems by members of the
ed Tribes;
u oiHari belonging to a Scheduled Caste or a Scheduled Tribe, knowing that she bet oijgs to a Scheduled
n such act of touching is of a sexual nat ure and is without the rec ip ient’s consent;
of a sexual nature towards a woman belonging to a Scheduled Caste or a Scheduled Tribe, knowing that
or a Scheduled Tribe.
en b-clause (Jj, ltte expression ^consent” means an unequivocal
person by z'ords, gcstures, or any form of non v crbal coininunicat ion, comrrn.in icates willingness to

ing to a Scheduled Caste or a Scl4eduled Tribe xvl o does not offer physical resistance to an)' act of a sexual
hat fact, is to be regai ded as consent ing to the sexual activity:
n“s sexual I isto¿’, incl ›rting ith the offc++der shall not imply consent oi ‹zJitigatc II c offence;
of any spring, reservoir or airy oilier sour ce ordinarily used bi members of the Scheduled Castes or the
t less fit for the purpose for wit icli it is ordinai ill used;
duled Caste or a Scheduled bribe any custoinaq right of passage to a place of public resold or obstructs suc]i
m us ing or having access to pJace of public reso; to which other merry bers Of publ ic oI‘ aij3 other section

o f a Scheduled Caste or a Sch.dtiled Tribe to leave his house, v illage or oilier place of residence:
ed in this clausc shah a|iply to any action laken in discharge of a public duty;
meiriber of a Scheduled Caste or a Scheduled Tribe in any ma nu er 'itla regard to—

4
motor cycles or ›veai ing footwear of new‘ clothes in public places or takinm• out wedding process on, or
vehicle during wedding processions;
which is open to the public or other persons professing the same religion or taking part in, or taking
tural processions including jairas,
titution, hospital, dispensary, primary health centre, shop or place of public entertainment or any other
s or articles meant for public use in any place open to the public; or
r the canying on of any occupation, trade or business or employment in any job which other
tion thereof, have a right to use or have access to;
mental agony of a member of a Scheduled Caste or a Scheduled
g witchcraft or being a witch; or
cial or economic boycott of any person or a family or a group
a Scheduled Tribe,
ment for a tenn which shall not he less tiian six nionths but which may
.)
r ofa Scheduled Caste or a Scheduled Tribe,—
nce intending thereby to cause, or kno\ving it to be likely that lie will thereby cause, any member of a
Tribe to be convicted of an offence which is capital by the Ian• for the time being in force shall be
life and with fine; and if an innocent member of a Scheduled Caste or a Sclieduled Tribc be
uence of such fatse or fabricated evidence, the person who gives or fabricates such false evidence, shall be

nce intending thereby to cause, or knowing it to be likely that he will thereby cause, any member of a
Tribe to be convicted of an offence sthich is nor capital but punishable with imprisonment for a
shall be punishable with imprisonment for a term which shall not be less than six months but which
wards and with fine;
any explosive substance intending to cause or bowing it to be likely that he will thereby cause damage
mber of a Scheduled Caste or a Scheduled Tribe, shall be punishable with imprisonment for a term
months but «'hich may extend to seven years and with fine;
y explosive suhslance intending to cause or kno ’ing it to be likely that he will thczeby cause destruction
y used as a place of worship or as a place for human dwelling or as a place foi custody of the property by a
Scheduled Tribe, sl›a)I be punishable with imprisonment for like and \\’ith fine;
e Indian Penal Code (45 of 1860) punishable with imprisonment for a term ofi ten years or more against
hat such person is a tritinber of a Scheduled Caste or a Scheduled Tribe or such property belongs
shable with imprisonment for life and with fine;
ied in fire Schedule, against a person or pi operty, kfioz'ing that such person is a mernl›er of a
Tribe or such property belongs to such

he ground Hi at such person is a member of a Scheduled Caste ter a Scâefiul«d Tri6e or such property bel‹ings to such member ’

5
 such punishment us specified under the Indian Penal Code (45 of 1 860) for such offences and

o believe that an offence has been cominitted under this Chapter, causes any evidence of the
ppear with the intention of screening the offender from legal punishment, or with that intentioii gives
ce which he knows or believen to be false, shall be punishable with the punishnient provided for that

mits any offence under this section, shall be p»nisheble with imprisonment for a tenn which shall
ch may extend to the punishment provided for that offence.
—{/) \\1oever, being a public servant buf not being a member of a Scheduled Caste or a Scheduled
uired to be performed by hitn under this Act and the rules made thereunder, shall be punishnbTe u'ith
l not be less than six months but H'hich may extend to one year.
red to in sub-section (I) shall include—
ormation given ora]ly, and reduced to writing by the officer in charge of the police station, before taking

rst Information Report under this Act arid otJaer i’elevant proVisiofls and to register it under

on so recorded fortliw ith to the informant;

ims or witnesses;
le charge sheet in the Special Court or the Exclusive Spécial
nd to explain the delay if any, in writing;
nslate any docunienl or electronic record;
ed in this Act or the rules made thereunder:
regard against the public servant shall be booked on the recommendation of an administrative

ny dei eliction of duty referred to in sub-section (2) by a public servant shall be taken by the
cial Court and shall give direction for penal proceedings against such pubJic servant.)
t conviction.—Whoever, having already been convicted of an offence under this Chapter is convicted
e subsequent to lhe second offence, shall be punishable with imprisonment for a term z'1iicli shell
ch may extend to the punishment provided for that offence.
of the l iidian Penal Code.—Subject to the other provisions of ihis Act, the provisions of section 34,
Cliapter VA, section 149 and Chapter XP lii of the Indian Penal Code (45 of 1660), shall, so far as may
t as they apply for the purposes of the Indian Penal Code.
in parsons.—(?) Where a person lins bon convîcted of any offence punisliable under this Chaptes,
to awarding any punishinent,
by order in writing, declare that any property, movable or inimovable or both,
sed for the commission of that offence, s]iaI1 stand forfeited to Government.
under this Chapter, it shall be open to the Special

all or any of the properties, inovabJe or immovable or both,

b,.byAcl l of20l6,s J, fo socüon4 ( °?24l-?0)Û.
6
 ng the period of such trial, be attached, and where such trial ends in conviction, the property so
ture to the extent it is inquired for the purpose of realisation of any fine imposed under this Chapter.
—In a prosecution for an offence under this Chapter, if ii is proved that—

financial assistance in relation to the offences committed by a person accused of). or reasonably
offence under this Chapter, the Special Court shaJl presume, unless the contrary is proved, that such

d an offence under this Chapter and if it is proved that the offence commited was a sequel to any
d or any other matter, it shall be presumed that the offence was committed in furtherance of the
tion of the common object;
of the victim or his family, the Court shall
presume that the accused was aware of the caste or tribal identity of the
oved.]
7) Notwithstanding anything contained in the Code or in any other provision of this Act, the State
s it necessary or expedient so to do,—
coping u'ith any offence under this Act, or (é) for any case or class or group of cases under this Act,
onfer, by notification in the Official Gazette, on any officer of the State Goveniment, the powers
under the Code in such district or part thereof or, as the case may be, for such case or class or group
e powers of arrest, investigation and prosecution of persons before any Special Court.
all other officers of Goverrunent shall assist the officer referred to in sub-section (/) in the execution
or any rule, scheme or order made thereunder,
e shall, so far as may be, apply to the exercise of the powers by an officer under sub-section (/).

e.—(/) \Yhere the Special Court is satisfied, upon 'z complaint or a police report that a person is likely
Act in any area included in ‘Scheduled Areas’ or ‘tribal areas’, as referred to in article 244 of the
provisions of clause (› ii) of sub-seclion (2) of section 21], it may, by order in writing, direct such
f such area, by such roule and within such time as may be specified in file order, and not to return
move himself for such petiod, not exceeding ‘[three years], as may be specified in the order.
der under sub-section (/), communicate to ltte person directed under that sub-section the grounds on

e order made nuder sub-section (/), for the reasons to be recorded in writing, on the representation made
n made or by any other person on his behalf ivilliin thirty days from the date of the order.

na 0c ial assistance io a persoa accused of’ (w.e f. 26-1-201 6)

7
 on to rent ove h iniself from a rca a nd enter th ercon a ftcr removal. /) If a per son to 'from a
ction 10 to rciiiove h iinsel f fi orn any area—
ted; or
rs such area within the period s]iecified in the order,
in writing of the Special Court tinder suh-section (2), the Special Court may cause Jr inn to be ari esled
uch place outside such area as the SJiecial Court way specify .
der in 'rit ing, perm it any person in respect of whom an order under section 10 has been made, to return
ted to remove himsel r for such temporary period and subject to such conditions as rna)' be specified in such
e a bond with or without surety for the due observation of the conditions imposed.
e revoke any such perm ission.
i ission, returns to the area fi orn which he u as directed to i emove himself shall obsei ve the bond it ions
mporary period for win ich he was pei rn itted to return, or on the revocation of such pens ission before the
hall rem ove liirnsel I on s ide such ar•a and shall not retuin thereto within the unexpired portion specified
mission.
ny of the conditions imposed or to i-enio›'e him set I accordingly or liar:ing so removed h in4se1 f enters or
ermission the Special Court may cause him to be an csted and removed in police custody to such place
urt may speci\'.
togr.nphs, etc., of persons aga inst whom order u nder section 10 is in ride.—(7) Even person against
der section 10 shh 1, if so required by the Special Court, allow his ineasui ements and photographs to be

sub-section (/), » hen required to allow his measurements or photographs to be taken. res is1s or
measui cnaents or photog ra i› ' s, it shall be law fail to usc all ii cccssary means to secure thc tak iilg thereof.
w the taking of rprasurenients or photographs under sub-section (2) shall be deemed to be an o ffence under
e (45 of 1 860).
10 is re›'cked, all measurements and photos '• phs (incJucling negatives) taken under sub-section (2) shall be
n against whom such order is made.
of order u ntle r section 10.—And' person coiitraven ine an order of the Spee ial Court made under section
sonmcnt for a term ›‹'hich may extend to one year and › it li fine.

CI4A PTER IV
ve Special Court.—t/) Koi the purpose of pro idiog for speed› trial, the State Gov er:intent steal1, u'itli
ice of the H igli Court, by notificati on in the Off¡cii 1 Gazette, establish an Excl usive Special Court Koi

re less rlu ribber of cases under this A ct is recorded, the Slate G overdue cnt slial I, v it h the
f the Id igh Court, b3' not i fication in the Of}jcial Gazell c, speci fj for such Districts, the Court of
*>* °ffer ces

8
ourts so established or speci fled sha11 have ponder to directly take cognizance of offences under this

ate Gov¢nJn em to establ isib adequate number of Cuurts to cnsul e heat cases under this Act are disposed of
as far as possible.
cial Lourt or the Excl us ive Special Court, the proceedings shall be continued from day-to-day until at I
have been examined, unless the Special Court or the Exclusive Special Court fi nds the adjournment of the
y to be necessary for reasons to be recorded in w'ritine:
elates to an offence tinder this Act, the trial shall, as far as possible, be completed within a period of two n4
the charge sheet.]
hstand ing anything contained in the Code of Crim inal Procedure, 1973 (2 of 1974), an appea I shall lie,
r order, not being an inter|ocutoq' order, of a Special Court or an Exclusive Special Court, to the Ifiigh Court

g contained in sub section (I) of sect ion 378 of the Code of Ci iminal Procedure, 1973 (2 of 1974), an
urt against an order of the Special Court or the Exclusive Special Court grant ink or icfusing bail.
contained in any other law for the time being in force, ever) appenl under this section shall be
ninet; days from the date of the judgement, sentence or order uppe ated from:
may entertain an appeal after the e.xpiry of tile said period of ninety days if it is sat is fled that the appellant
preferring the appeal with in the period of ninety days:
eal shall be enteiaained a fter the expiry of the per rod of one hundred a nd e ighty days.
der sub-section (/) shall, as far as possible, be disposed of within a period of thl ee months from the date

u to r and Exclusive I’u blic P rosec uto r. 1) Ivor every Special Court, the State Govern ment shall, by
azette, specify a Pub lie Prcsecutoi or appoint an advocate who Jjas been in practice as an adi'ocate for
a Special Public Prosccutor for the purpose of conducting cases in that Court.
cia1 Court, the State Ciovernnjent shall, by notification in the O ilicial Ga zette, specify an Exclusive
appoint an ad› ocal e who has been in pract ice as an ad vocate for not less than seven yes rs, as an
ec Vitor for fire purpose c f
]

jCHAPTER1VA
it n csses. 7) It shall he the dury and responsi bil iiy of the State to rata de ari a nicht en Is for t lie
ependents, and i› itiicsses a ainsl any k ilid of intirnidation or coercion or indticernent or iolence or

d with fairness, rcspect and dignity and with due regard to any special need that arises beck use of time ‹ ict
d isadvautase or po erty.
 to reasonable, accurate, and tiinel) riot ice of airy Court proceeding incl udiiig any bai1 proceeding
e Government shall in foi4ii the victims about any procccdings unc4er this Act.
ht to apply to the Special Court or the Exclusive Special Court, as the case may be, to sunBn on
al, witnesses or examine the persons present.
e heard at a»y proceeding under this Acl in respect
proceedings
01
, acquittal or sentencing,
de of Criminal Procedure, 1973 (2 of 1974), the Special Court oi- the Exclusive Special Court trying a
dependent, informant or ;'itnesses—
e;
p investieatioii, iii9 uiry and trial.
in‹Juir)' and trial: and

l Court or the E xc I nerve $ pecia I Court about the protection provided to any victim or his
rt shall periodicnl ly review the protection being offered and pass appropi iate orders.
isions of sub section (6), the concerned Special Court or the Exclusi 'e Special Ct›urt ir ay, on an
formant or iv itness in a ny proceed i
• s* before it or by' the Special Public ProsecuJ or in rc!ation to such victim, infoi n ant or witness or on its own

itnesses in its orders or judgmicnts or in any recoi‘ds of the case accessible to the publ ic;
y and addresses of the vi itiiesses;
comp faint ref ating to liarassir ent of a vici inn, in foriiiant or v'itress and on the same flay, i f necessary ,

mp I aint received under clause (c) shall be tried separately from the rna in case by such Court and
he date of receipt of the conipl a int:
use (c) is against a ny public scrvant. the Could sJjall restra in such pubI ic ser vaiat from interfering v rth
be, in and matter related or unrelated to the per jding case, except with the pcnnission of the Coun.
icer and the Station House Officer to record the coiJJpI int of victim, infori-nant or witnesses against a

ally or in \ i iting, and a photocopy of the First lit fornlati on Report shal I be immediately gis en to

s Act sha11 be i'i deo recorded.

ecoi ded Fit st Infonnatioi i Ft cpon at free of com t;

10
 ctims or their de|›cndents, and wiMesses;
age to proper’;
or medicai aid or transport facilities or daily allowances to victims;
city victims and their dependents;
of atrocity viminis at the time of making complaints and registering the First Information Repos;
ms or their dependents and witnesses from intimidation and harassment;
their dependents or associated organisations or individuals, on the status of investigation and charge

ica) examination;
heir dependents or associated organisations or individuals, regarding the relief amount;
heir dependents or associated organisations or individuals, in ad\*ance about the dates and place of

repaation for trial to atrocity victims or their dependents or associated organisations or individuals and

heir dependents or associated organisations or individuals at every stage of the proceedings under
the execution of the rights.
r their dependents, to take assistance from the Non-Cioveirinent Organisations, social workers or advocates.]

ve fine.—The provisions of Section l0A of the Protection of Civil Rights Act, 1955 (22 of 1955)
ct imposition and realisation of collective fine and for all other matters connected therewith under this

der machinery.—(/) A District Magistrate own Sub-divisional Magistrate or any other Executive
off Deputy Superintendent of Police may, on receiving information and afler such inquiry as he may
n or a group of persons not belonging to the Scheduled Cast0k or the Scheduled bribes, residing in or
jurisdiction is likely to commit an offence or has threatened to commit any ofience under th'is Act and
r proceeding, declare such an area to be an area prone to atrocities and tate necessary action for keeping
of public order and tranquillity and may taLe Jireventive action.
of the Code shall, so far as may be, apply for the
e Official Gazette, make one or more schemes speci$’ing the manner in \\‘hich tlic officeis referred lo ill sub-
such schcme o schemes to prevent atrocities and to restore the feeling of sccurity an Ongsl the members of

11
ot to apply to persons coinmi!ting an offence rnder the Act.—NocI›ing in section 438 of the
ase involving the arresc of any person on an accusation of having committed an offence under this Act.
rovisions of the Probation of Offenders Act not to apply to persons guilt3' of an offence under the
60 of the Code and the provisions of the Probation of Offenders Act, 1958 (20 of 1958) shall not apply
en years wfio is found guihy of having committed an offence under this Act.
ave as otherwise provided in fins Act, the provisions of this Act shall have effect notwithstanding
ained in any other law for the time being in force or any customs or usage or any instrument having effect

fective implementation of the Abet.—f1 j Subject to such rules as the Central Government may make in
all take such measures as may bs necessary for the eiTective impleineniation of this Act.
ice to the generality of the foregoing provisions, such measures may incJude,—
s, includins legal aid, to the persons subjected to atrocities to enable them to avail thenzseI›‘es ofjustice;
maintenance expenses to witnesses, including the victims of atrocities, during investigation and trial of

and social rehabilitation of the victims of the atrocities;

nitiating or exercising supervision over prosecutions for tic contravention oT the provisions of this Act;
ch appropriate levels as the Siate Government may think fit to assist that Covemiiient in formulation or

of the working of the provisions of this Act with a view to suggesting measures for the bcttcr
s Act;
cheduled Castes and the Scheduled
Tribes are likely to be subjected to atrocities and adoption of such measures so es to

ake such steps as may be necessary to co-ordinate the measures taken by the State Goveriunents under

ery year, place on the table of each House of Parliament a report on the measures taken by itself and
uance of the provisions of this section.
ood faith.—No suit, prosecution or other legal proceedings shall lie Against 'the Central Ciovernment or
ny officer or authority of Government or any other person for anything which is in good faith done
t.
Central Government inav, by notification in the Official Garztte. make rules for carrying out the purposes

hall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session for
may be comprised ip one session or in two ot more successive sessions, and if, before the expiry
g the session or IIie successive sessions afor-esaid, both Houses agree in making any modification in the rule
d not be made, the ru]e shall thereaft:er ]zave effect only
ect, as the case mmy be; so, iiou'ever, that any such modification or

the validity of an5'tlung pre›'iously done under tlaet rule.

hall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session for
may be comprised ip one session or in two ot more successive sessions, and if, before the expiry
g the session or IIie successive sessions afor-esaid, both Houses agree in making any modification in the rule
d not be made, the ru]e shall thereaft:er ]zave effect only
ect, as the case mmy be; so, iiou'ever, that any such modification or

the validity of an5'tlung pre›'iously done under tlaet rule.

12
‘
 [THE SCHEDULE
[See section 3(2)(vo)J

Section under the Name of offence and punishment

  Indian Penal Code                                                                                                                                     I20A
of criminal conspiracy.
I20B Punishment of criminal conspiracy.

141
142
143
t44 145
146
147
48

217 Public servant disobeying direction of law with intent to save person from
punishment or property from forfeiture.

319 Hurt.
320 Grievous hurt.
323 Punishment for voluntarily causing hurt.
324 Voluntarily causing hurt by dangerous weapons or means. Punishment for voluntarily
3yS

326B
Voluntarily tlirou'ing or attempting to throw acid.
332 Voluntarily causing hurt to deter publio servant from his duty. Punishment for wro
341 Assault or criminal force to woman with intent to outrage her modesty.
354
354A
Sexual fiamssnJei\t anü punisl ment for sexual harassment.
SS4B Assault or use of criminal force to z'oman with intent to disrobe.
354C Voyeurism.
’ 3i4D S talking.
359 K idnapping.
363 Punishment for kidnapping
365 K idnapping or abducting with intent secretly and wrongfully to confine per
13
 [THE SCHEDULE
[See section 3(2)(vo)J

under the Name of offence and punishment

n Penal Code                                                                                                                                     I20A Definition
inal conspiracy.
Punishment of criminal conspiracy.

Unlawful assembly.
Being member of unlawful assembly. Punishment for unlawful assembly.
Joining unlawful assembly armed with deadiy weapon.
Joining or continuing in unla»’fial assembly, knowing it lfas been commanded to disperse.
ltioting.
Punishment for rioting.
Rioting, anned with deadly weapon.

7 Public servant disobeying direction of law with intent to save person from
punishment or property from forfeiture.

Hurt.
Grievous hurt.
Punishment for voluntarily causing hurt.
Voluntarily causing hurt by dangerous weapons or means. Punishment for voluntarily causing grievous hurt.

Voluntarily tlirou'ing or attempting to throw acid.

Voluntarily causing hurt to deter publio servant from his duty. Punishment for wrongful restraint.
Assault or criminal force to woman with intent to outrage her modesty.

Sexual fiamssnJei\t anü punisl ment for sexual harassment.

Assault or use of criminal force to z'oman with intent to disrobe.
Voyeurism.
S talking.
K idnapping.
Punishment for kidnapping
K idnapping or abducting with intent secretly and wrongfully to confine person.
13
 Section under the Kame cf ohence a nd puni slr4ient
   Indian  Penal Code                                                                                                                                            
376B Sexual intercout se by husband upon ii is wi fe dui iin sepaia ion.

376C Sexual intercourse by a per son in authority.

447
505
509
n under the Kame cf ohence a nd puni slr4ient
 Penal Code                                                                                                                                            
Sexual intercout se by husband upon ii is wi fe dui iin sepaia ion.

Sexual intercourse by a per son in authority.

PInn referent for crime in al trespass.

P un ishni ent for criiii inal intimidation.
\\'ord, gesture or act intended to insult the m odesty of a woman.]
14