Frequently Asked Questions
The Union Territory Administration (without legislature) receives 100% Central assistance under the Centrally Sponsored Scheme for the implementation of the PCR Act, 1955 and the SC/ST (PoA) Act, 1989
Under the scheme, Central Assistance is released to the States/UTs mainly for the components such as providing of Relief and Rehabilitation to Atrocity Victims/dependents, Incentive for Inter-Caste Marriage wherein one of the spouse is a member of Scheduled Castes, Setting up of SC/ST Protection Cells and Special Police Stations and Strengthening & Enforcement of Judicial Machinery.
The Central Assistance is released to the States and UTs based on the viable proposal received from the State Governments and Union territory Administrations. The funding pattern of the Scheme is as such that the total expenditure over and above the committed liability is shared on 50:50 basis between the Central Government and concerned State Government/UT (with legislature) whereas 100% Central assistance would be provided to Union Territory Administrations (without legislature).
Target groups under the Centrally Sponsored Scheme are the Scheduled Castes and the Scheduled Tribes.
The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities){PoA} Act, 1989, was enacted and brought into force on 31.01.1990 to prevent commission of offences of atrocities against the members of the Scheduled Castes (SCs) and the Scheduled Tribes (STs), to provide for Special Courts for the trial of such offences and for the relief and rehabilitation of the victims of such offences.
One of the spouses should be a member of Scheduled Castes.
The scheme is implemented by the respective State Governments and the Union Territory Administrations.
The funding pattern of the Scheme is as such that the total expenditure over and above the committee liability is shared on 50:50 basis between the Central Government and concerned State Government/Union Territories (with legislature).
The Centrally Sponsored Scheme commenced in the year 1974-75. Initially the scheme provided Central assistance to the State Governments and Union Territory Administrations towards effective implementation of the Protection of Civil Rights {PCR} Act, 1955. After another Act of Parliament namely the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities){PoA} Act, 1989, was enacted and brought into force on 31.01.1990 to prevent commission of offences of atrocities against the members of the Scheduled Castes(SCs) and the Scheduled Tribes(STs), the scope of the Scheme was extended to cover the PoA Act as well.
Article 17 of the Indian Constitution abolished 'untouchability', forbade its practice in any form and made enforcement of any disability arising out of 'untouchability', an offence punishable in accordance with law.
The enactments specified in the Schedule are hereby repealed to the extent to which they or any of the provisions contained therein corres-pond or are repugnant to this Act or to any of the provisions contained therein.
The Central Government may, by notification in the Official Gazette, make rules to carry out the provisions of this Act.
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
Save as otherwise expressly provided in this Act, the provisions of other laws. this Act shall have effect notwithstanding anything inconsistent therewith con-tained in any other law for the time being in force, or any customs or usage or any instrument having effect by virtue of any such law or any decree or order of any court or other authority.
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 "e;untouchability"e; are made available to, and are availed of by, the persons subjected to any disability arising out of the "e;untouchability"e;.
- the provision of adequate facilities, including legal aid, to the persons subjected to any disability arising out of "e;untouchability"e; to enable them to avail themselves of such rights;
- the appointment of officers for initiating or exercising supervision over prosecutions for the contravention of the provisions of this Act;
- the setting up of special courts for the trial of offences under this Act;
- the setting up of Committees at such appropriate levels as the State Government may think fit to assist the State Government in formulating or implementing such measures;
- Ins. by Act 106 of 1976, s. 16 (w.e.f. 19-11-1976).
- Subs. by s. 17, ibid., for s. 15 (w.e.f 19-11-1976).
- provision for a periodic survey of the working of the provisions of this Act with a view to suggesting measures for the better imple- mentation of the provisions of this Act; The identification of the areas where persons are under any dis-ability arising out of "e;untouchability"e; and adoption of such measures as would ensure the removal of such diability from such areas.
The Central Government shall take such steps as may be necessary to co-ordinate the measures taken by the State Governments under sub-section (1).The Central Government shall, every year, place on the Table of each House of Parliament, a report on the measures taken by itself and by the State Governments in pursuance of the provisions of this section.
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 it is punishable with imprisonment for a minimum term exceeding three months, may be tried summar- ily 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.
- of the Central Government, in the case of a person employed in connection with the affairs of the Union; and
- of the State Government, in the case of a person employed in connection with the affairs of a State
- No suit, prosecution or other legal proceeding shall lie against Central Government or a State Government for anything which is in good faith done or intended to be done under this Act.
- 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.
- 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.
- Notwithstanding anything contained in sub-section (I), 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 shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
- Subs. by Act 106 of 1976, s. 14, for certain words (w.e.f. 19-11-1976).
- The words "e;as defined in clause (2A) of article 366 of Constitution"e; omitted by s.15, ibid., (w.e.f. 19- 11-1976).
- "e;company"e; means any body corporate and includes a firm or other association of individuals; and
- "e;director"e; in relation to a firm means a partner in the firm.
No civil court shall entertain or continue any suit or proceeding related to this act.
Where any act constituting an offence under this Act is committed in relation to a member of a Scheduled Caste 2 * * *, the court shall presume, unless the contrary is proved, that such act was committed on the ground of "e;untouchabilily"e;
Whoever abets any offence under this Act shall be punishable with punishment provided for the offence.
Explanation - A public servant who willfully neglects the investigation of any offence punishable under this Act shall be deemed to have abetted an offence punishment under this Act.
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, the Government can directly suspend such grants.
When a person who is convicted of an offence under above sections 6, holds any license any profession, trade, calling or employment the court trying the offence may cancel or suspend the licence for the time being.
Whoever compels any person, on the ground of "e;untouchability"e;, 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 punishable with an imprisonment of not less that 3 months and not more than 6 months and a fine of not less than Rs100. And not more than 500.
Whoever prevents any person from exercising any right accruing to him by reason of the abolition of "e;untouchability"e; under article 17 of the Con- stitution; or molests, injures, annoys, obstructs or causes or attempts to cause obstruction to any person in the exercise of any such right. by words, either spoken or written, or by signs or by visible representations encourages any person or the public generally to practice "e;untouchability"e; [Person 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].
Whoever on the ground of "e;untouchability"e; refuses to sell any goods or refusing to sell refuses to render any service to any person at the same time sales goods or render services to other persons in the normal course of business. [Person 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 hun- dred rupees and not more than five hundred rupees].
Whoever on the ground of "e;untouchability"e; refuses admission to any person to any hospital, dispensary, educational institution or any hostel, Does any act which discriminates against any such person after admission to any of the aforesaid institution. 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]
Whoever on the ground of "e;untouchability"e; enforces against any person any disability with regard to-
- access to any shop, public restaurant, hotel or place of public entertainment
- or the use of any utensils and other articles kept in any public restaurant hotel or dhramshala
- the practice of any profession or the carrying on of any occupation, trade or business 2[or employment in any job]; or
- 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 resort.
- the use of, access to, any place used for a charitable or a public purpose
- the use of, or access to, any public conveyance; or
Whoever on the ground of "e;untouchability"e; prevents any person -
- from entering any place of public worship which is open to other persons professing the same religion
- from worshipping or offering prayers or performing any religious service in any place of public worship,
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 Central government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.
No suit, prosecution or other legal proceedings shall lie against the Central Government or against the State Government or any officer or authority of Government or any other person for anything which is in good faith done or intended to be done under this Act.
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.
- the provision for adequate facilities, including legal aid to the persons subjected to atrocities to enable them to avail themselves of justice
- the provision for travelling and maintenance expenses to witness-es, including the victims of atrocities, during investigation and trial of offences under this Act
- the provision for the economic and social rehabilitation of the victims of the atrocities
- the appointment of officers for initiating or exercising supervision over prosecutions for the contravention of the provisions of this Act
- the setting up of committees at such appropriate levels as the State Government may think fit to assist that Government in formulation or implementation of such measures
- provision for a periodic survey of the working of the provisions of this Act with a view to suggesting measures for the better implementation of the provision of this Act
- the identification of the areas where the members of the Schedul-ed Castes and the Scheduled Tribes are likely to be subjected to atro-cities and adoption of such measures so as to ensure safety for such members
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 in force or any custom or usage or any instrument having effect by virtue of any such law.
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.
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
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 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 tranquility and may take preventive action.
The provisions of section 10A 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.
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.
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.
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.
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.
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.
If a person to whom a direction has been issued under section 10 to remove himself from any area -
- fails to remove himself as directed or
- 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 under sub-section (2), the Special Court may cause him to be arrested and removed in police custody to such place outside such area as the Special Court may specify.
- The Special Court may, by order in writing, permit any person in respect of whom an order under section 10 has been made, to return to the area from which he was directed to remove himself for such temporary period and subject to such conditions as may be specified in such order and may require him to execute a bond with or without surety for the due observation of the conditions imposed.
- The Special Court may at any time revoke any such permission.
- Any person who, with such permission, returns to the area from which he was directed to remove himself shall observe the conditions imposed, and at the expiry of the temporary period for which he was permitted to return, or on the revocation of such permission before the expiry of such temporary period, shall remove himself outside such area and shall not return thereto within the unexpired portion specified under section 10 without a fresh permission.
- If a person fails to observe any of the conditions imposed or to remove himself accordingly or having so removed himself enters or returns to such area without fresh permission the Special Court may cause him to be arrested and removed in police custody to such place outside such area as the Special Court may specify.
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 "e;Scheduled Areas"e; or "e;tribal areas"e;, 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.
Notwithstanding anything contained in the Code or in any other provision of this Act, the State Government may, if it consider it necessary or expedient so to do
- for the prevention of and for coping with any offence under this Act, or
- 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.
In a prosecution for an offence under this Chapter, if it is proved that 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; a group of persons committed an offence under this Chapter and if it is proved that the offence committed was a sequel to any existing dispute regard-ing 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.;
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 anyproperty, movable or immovable or both, belonging to the person which has been used for the commission of that offence, shall stand forfeited to Government.
Subject to the other provisions of this Act, the provisions of section 34, Chapter III, Chapter IV, Chapter V, Chapter VA, 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.
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.
Whoever, being a public servant but not being a member of a Scheduled Caste or a Scheduled Tribe, willfully 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.
- gives or fabricates false evidence intending thereby to cause, or knowing it to be likely that he will thereby cause, any member of a Scheduled Caste or a Scheduled Tribe to be convicted of an offence which is capital by the law for the time being in force shall be punished with imprisonment for life and with fine and if an innocent member of a Scheduled Caste or a Scheduled Tribe be convicted and executed in consequence of such false or fabricated evidence, the person who gives or fabricates such false evidence, shall be punished with death
- gives or fabricates false evidence intending thereby to cause, or knowing it to be likely that he will thereby cause, any member of a Scheduled Caste or a Scheduled Tribe to be convicted of an offence which is not capital but punishable with imprisonment for a term of seven years or upwards, shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to seven years or upwards and with fine
- commits mischief by fire or any explosive substance intending to cause or knowing it to be likely that he will thereby cause damage to any property belonging to a member of a Scheduled Caste or a Scheduled Tribe, shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to seven years and with fine
- commits mischief by fire or any explosive substance intending to cause or knowing it to be likely that he will thereby cause destruction of any building which is ordinarily used as a place of worship or as a place for human dwelling or as a place for custody of the property by a member of a Scheduled Caste or a Scheduled Tribe, shall be punishable with imprisonment for life and with fine
- commits any offence under the Indian Penal Code (45 of 1860) punishable with imprisonment for a term of ten years or more against a person or property on the ground that such person is a member of a Scheduled Caste or a Scheduled Tribe or such property belongs to such member, shall be punishable with imprisonment for life and with fine
- knowingly or having reason to believe that an offence has been committed under this Chapter, causes any evidence of the commission of that offence to disappear with the intention of screening the offender from legal punishment, or with that intention gives any information respecting the offence which he knows or believes to be false, shall be punishable with the punishment provided for that offence or
- being a public servant, commits any offence under this section, 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
Whoever, not being a member of a Scheduled Caste or a Scheduled Tribe -forces a member of a Scheduled Caste or a Scheduled Tribe to drink or eat any inedible or obnoxious substance 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 forcibly removes clothes from the person of a member of a Schedul-ed Caste or a Scheduled Tribe or parades him naked or with painted face or body or commits any similar act which is derogatory to human dignity
In this Act unless the context otherwise requires -quoteatrocity quote means an offence punishable under section 3
This Act may be called the Scheduled Castes and the Scheduled extent and Tribes (Prevention of Atrocities) Act, 1989.
The stamp on the FIR bears a DD Number or Daily Diary Number. It is a proof that they received your complaint. In case you lose your copy, you can use these details to access the FIR online for free
If the area where the incident occurred is within the reach (jurisdiction of the police station) then, the police authority possess all the power to investigate. The police officer himself assesses whether the complaint is worth entertaining or not. E.g. where there is an FIR of theft of Rs.50 then the police might not forward with the complaint. If convinced with the findings of First Information Report, police forward a report to the magistrate and ask him to take cognizance of the offense. Further, magistrate orders an investigation on the basis of First Information Report. A police officer might require the attendance of any person being within the local area of such police station. During enquiry of an FIR and its investigation, no statement made by any person to a police officer in the course of an investigation shall be signed by the person making it. After taking the final report, if the magistrate is satisfied with the report and findings of the investigation on the basis of First Information Report, court summons is issued.
In such case, a person may send the substance of such information ? in writing and by post ? to the concerned S.P. (Superintendent of police). When S.P. receives such information it is his duty to either investigate such matter or pass the matter and order an investigation by the concerned authority.
To register a FIR, person need to visit the nearest police station within the crime scene (preferably). For registering the FIR Information can be given orally or in written, In case a verbal complaint is made, it is the duty of the authority recording the FIR to convert it into writing. First Information report should be signed by the person giving the complaint. It is the duty of the police authorities to register the FIR in a record book and provide the complainant number with a free copy of FIR.
The prompt and early reporting of an FIR, as soon as one comes to know of the happening of an offense.
FIR means "e;First Information Report"e;. FIR is the first document prepared in criminal proceedings.
A general diary (GD) entry or a daily diary entry is made when any kind of complaint is lodged and the police enter the details in their records. ... The general diary entry is an internal police record, while in the case of FIR or non-cognizable report, a copy of these will be provided to the complainant.