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

ARRANGEMENT OF SECTIONS 
______ 

CHAPTER I 
PRELIMINARY 

SECTIONS 

1.  Short title, extent and commencement. 
2.  Definitions. 

CHAPTER II 
OFFENCES OF ATROCITIES 

3.  Punishments for offences atrocities. 
4.  Punishment for neglect of duties. 
5.  Enhanced punishment subsequent conviction. 
6.  Application of certain provisions of the Indian Penal Code. 
7.  Forfeiture of property of certain persons. 
8.  Presumption as to offences. 
9.  Conferment of powers. 

CHAPTER III 
EXTERNMENT 

10.  Removal of person likely to commit offence. 
11.  Procedure on failure of person to remove himself from area and enterthereon after removal. 
12.  Taking measurements and photographs, etc., of persons against whom order undersection 10 is 

made. 

13.  Penalty fornoncompliance of order under section 10. 

CHAPTER IV 

SPECIAL COURTS 

14.  Special Court and Exclusive Special Court. 

14A. Appeals. 

15.  Special Public Prosecutor and Exclusive Public Prosecutor. 

CHAPTER IVA 
RIGHTS OF VICTIMS AND WITNESSES 

15A. Rights of victims and witnesses. 

16. Power of State Governmentto imposecollective fine. 
17. Preventive action to be taken by the law and order machinery. 
18. Section 438 of the Code not to apply to persons committing an offence under the Act. 
18A. No enquiry or approval required. 
19. Section 360 of the Code or the provisions of the Probation of Offenders Act not to apply to 

persons guilty of an offence under the Act. 

20. Act to overrideother laws. 
21. Duty of Governmentto ensure effective implementationof the Act. 
22. Protection of action taken in good faith. 
23. Power to make rules. 
THE SCHEDULE 

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

ACT NO. 33 OF 1989 

An Act to prevent the commission of offences of atrocities against the members of the Scheduled 
Castes and the Scheduled Tribes, to provide for  1[Special Courts and the Exclusive Special 
Courts]  for  the  trial  of  such  offences  and  for  the  relief  and  rehabilitation  of  the  victims  of 
such offences and for matters connected therewith or incidental thereto. 

BE it enacted by Parliament in the Fortieth Year of the Republic of India as follows:— 

[11th September, 1989.] 

CHAPTER I 

PRELIMINARY 

1. Short title, extent and commencement.—(1) This Act may be called the Scheduled Castes and 

the Scheduled Tribes (Prevention of Atrocities) Act, 1989. 

(2) It extends to the whole of India2***. 
(3)  It  shall  come  into  force  on  such  date3  as  the  Central  Government  may,  by  notification  in  the 

Official Gazette, appoint. 

2. Definitions.—(1) In this Act, unless the context otherwise requires,— 

(a) “atrocity” means an offence punishable under section 3; 

(b) “Code” means the Code of Criminal Procedure, 1973 (2 of 1974); 
4[(bb) “dependent” means the spouse, children, parents, brother and sister of the victim, who are 

dependent wholly or mainly on such victim for his support and maintenance; 

(bc) “economic boycott” means– 

(i) a refusal to deal with, work for hire or do business with other person; or 

(ii)  to  deny  opportunities  including  access  to  services  or  contractual  opportunities  for 

rendering service for consideration; or 

(iii) to refuse to do anything on the terms on which things would be commonly done in the 

ordinary course of business; or 

(iv) to abstain from the professional or business relations that one would maintain with other 

person; 

(bd) “Exclusive Special Court” means the Exclusive Special Court established under sub-section 

(1) of section 14 exclusively to try the offences under this Act; 

(be)  “forest  rights”  shall  have  the  meaning  assigned  to  it  in  sub-section(1)  of  section  3  of  the 

Scheduled  Tribes  and  Other  Traditional  Forest  Dwellers(Recognition  of  Forest  Rights)  Act,  2006             
(2 of 2007); 

(bf) “manual scavenger” shall have the meaning assigned to it in clause(g) of sub-section (1) of 
section 2 of the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013 
(25 of 2013); 

(bg) “public servant” means a public servant as defined under section 21of the Indian Penal Code 
(45 of 1860), as well as any other person deemed to be a public servant under any other law for the 

1. Subs. by Act 1 of 2016, s. 2, for “Special Courts” (w.e.f. 26-1-2016).  
2.  The  words  “except  the  State  of  Jammu  &Kashmir”  omitted  by  Act  34  of  2019,  s.  95  and  the  Fifth  Schedule  

(w.e.f. 31-10-2019). 

3.  30th  January,  1990,  vide  notification  No.  S.O.  106(E),  dated  29th  January,  1990,  See  Gazette  of  India,  Extraordinary,              

Part II, sec. 3(ii). 

4. Ins. by Act 1 of 2016, s. 3 (w.e.f. 26-1-2016). 

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time  being  in  force  and  includes  any  person  acting  in  his  official  capacity  under  the  Central 
Government or the State Government, as the case may be;] 

(c)  “Scheduled  Castes  and  Scheduled  Tribes”  shall  have  the  meanings  assigned  to  them 

respectively under clause (24) and clause (25) of article 366 of the Constitution; 

(d) “Special Court” means a Court of Session specified as a Special Court in section 14; 

(e)  “Special  Public  Prosecutor”  means  a  Public  Prosecutor  specified  as  a  Special  Public 

Prosecutor or an advocate referred to in section 15; 

1[(ea) “Schedule” means the Schedule appended to this Act; 

(eb) “social boycott” means a refusal to permit a person to render to other person or receive from 
him  any  customary  service  or  to  abstain  from  social  relations  that  one  would  maintain  with  other 
person or to isolate him from others; 

(ec) “victim” means any individual who falls within the definition of the “Scheduled Castes and 
Scheduled  Tribes”  under  clause  (c)  of  sub-section  (1)  of  section  2,  and  who  has  suffered  or 
experienced physical, mental, psychological, emotional or monetary harm or harm to his property as a 
result of the commission of any offence under this Act and includes his relatives, legal guardian and 
legalheirs; 

(ed)  “witness”  means  any  person  who  is  acquainted  with  the  facts  and  circumstances,  or  is  in 
possession of any information or has knowledge necessary for the purpose of investigation, inquiry or 
trial  of  any  crime  involving  an  offence  under  this  Act,  and  who  is  or  may  be  required  to  give 
information  or  make  a  statement  or  produce  any  document  during  investigation,  inquiry  or  trial  of 
such case and includes a victim of such offence;] 

2[(f) the words and expressions used but not defined in this Act and defined in the Indian Penal 
Code (45 of 1860), the Indian Evidence Act, 1872 (1 of 1872) or the Code of Criminal Procedure, 
1973 (2 of 1974), as the case may be, shall be deemed to have the meanings respectively assigned to 
them in those enactments.] 

(2) Any reference in this Act to any enactment or any provision thereof shall, in relation to an area in 
which such enactment or such provision is not in force, be construed as a reference to the corresponding 
law, if any, in force in that area. 

CHAPTER II 

OFFENCES OF ATROCITIES 

3. Punishments for offences atrocities.—3[(1) Whoever, not being a member of a Scheduled Caste 

or a Scheduled Tribe,— 

(a) puts any inedible or obnoxious substance into the mouth of a member of a Scheduled Caste or 

a Scheduled Tribe or forces such member to drink or eat such inedible or obnoxious substance; 

(b)  dumps  excreta,  sewage,  carcasses  or  any  other  obnoxious  substance  in  premises,  or  at  the 

entrance of the premises, occupied by a member of a Scheduled Caste or a Scheduled Tribe; 

(c)  with  intent  to  cause  injury,  insult  or  annoyance  to  any  member  of  a  Scheduled  Caste  or  a 
Scheduled  Tribe,  dumps  excreta,  waste  matter,  carcasses  or  any  other  obnoxious  substance  in  his 
neighbourhood; 

(d) garlands with footwear or parades naked or semi-naked a member of a Scheduled Caste or a 

Scheduled Tribe; 

1. Ins. by Act 1 of 2016, s. 3 (w.e.f. 26-1-2016). 
2. Subs. by s. 3,ibid., for clause (f) (w.e.f. 26-1-2016). 
3. Subs. by s. 4, ibid., for sub-section (1) (w.e.f. 26-1-2016). 

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(e)  forcibly  commits  on a member  of  a  Scheduled  Caste  or  a  Scheduled Tribe any  act,  such as 
removing clothes from the person, forcible tonsuring of head, removing moustaches, painting face or 
body or any other similar act, which is derogatory to human dignity; 

(f) wrongfully occupies or cultivates any land, owned by, or in the possession of or allotted to, or 
notified by any competent authority to be allotted to, a member of a Scheduled Caste or a Scheduled 
Tribe, or gets such land transferred; 

(g) wrongfully dispossesses a member of a Scheduled Caste or a Scheduled Tribe from his land or 
premises  or  interferes  with  the  enjoyment  of  his  rights,  including  forest  rights,  over  any  land  or 
premises or water or irrigation facilities or destroys the crops or takes away the produce therefrom. 

Explanation.––For  the  purposes  of  clause  (f)  and  this  clause,  the  expression  “wrongfully” 

includes— 

(A) against the person’s will; 

(B) without the person’s consent; 

(C) with the person’s consent, where such consent has been obtained by putting the person, or 

any other person in whom the person is interested in fear of death or of hurt; or 

(D) fabricating records of such land; 

(h) makes a member of a Scheduled Caste or a Scheduled Tribe to do “begar” or other forms of 
forced  or  bonded  labour  other  than  any  compulsory  service  for  public  purposes  imposed  by  the 
Government; 

(i) compels a member of a Scheduled Caste or a Scheduled Tribe to dispose or carry human or 

animal carcasses, or to dig graves; 

(j)  makes  a  member  of  a  Scheduled  Caste  or  a  Scheduled  Tribe  to  do  manual  scavenging  or 

employs or permits the employment of such member for such purpose; 

(k) performs, or promotes dedicating a Scheduled Caste or a Scheduled Tribe woman to a deity, 
idol,  object  of  worship,  temple,  or  other  religious  institution  as  a  devadasi  or  any  other  similar 
practice or permits aforementioned acts; 

(l) forces or intimidates or prevents a member of a Scheduled Caste or a Scheduled Tribe— 

(A)  not  to  vote  or  to  vote  for  a  particular  candidate  or  to  vote  in  a  manner  other  than  that 

provided by law; 

(B) not to file a nomination as a candidate or to withdraw such nomination; or 

(C)  not  to  propose  or  second  the  nomination  of  a  member  of  a  Scheduled  Caste  or  a 

Scheduled Tribe as a candidate in any election; 

(m) forces or intimidates or obstructs a member of a Scheduled Caste or a Scheduled Tribe, who 
is  a  member  or  a  Chairperson  or  a  holder  of  any  other  office  of  a  Panchayat  under  Part  IX  of  the 
Constitution  or  a  Municipality  under  Part  IXA  of  the  Constitution,  from  performing  their  normal 
duties and functions; 

(n) after the poll, causes hurt or grievous hurt or assault or imposes or threatens to impose social 
or  economic  boycott  upon  a  member  of  a  Scheduled  Caste  or  a  Scheduled  Tribe  or  prevents  from 
availing benefits of any public service which is due to him; 

(o) commits any offence under this Act against a member of a Scheduled Caste or a Scheduled 
Tribe for having voted or not having voted for a particular candidate or for having voted in a manner 
provided by law; 

(p)  institutes  false,  malicious  or  vexatious  suit  or  criminal  or  other  legal  proceedings  against  a 

member of a Scheduled Caste or a Scheduled Tribe; 

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(q) gives any false or frivolous information to any public servant and thereby causes such public 
servant to use his lawful  power to the injury or annoyance of a member of a Scheduled Caste or a 
Scheduled Tribe; 

(r) intentionally insults or intimidates with intent to humiliate a member of a Scheduled Caste or a 

Scheduled Tribe in any place within public view; 

(s)  abuses any  member  of a  Scheduled  Caste  or  a  Scheduled Tribe  by  caste  name  in  any  place 

within public view; 

(t) destroys, damages or defiles any object generally known to beheld sacred or in high esteem by 

members of the Scheduled Castes or the Scheduled Tribes. 

Explanation.––For the purposes of this clause, the expression “object” means and includes statue, 

photograph and portrait; 

(u)  by  words  either  written  or  spoken  or  by  signs  or  by  visible  representation  or  otherwise 
promotes  or  attempts  to  promote  feelings  of  enmity,  hatred  or  ill-will  against  members  of  the 
Scheduled Castes or the Scheduled Tribes; 

(v) by words either written or spoken or by any other means disrespects any late person held in 

high esteem by members of the Scheduled Castes or the Scheduled Tribes; 

(w)  (i)  intentionally  touches  a  woman  belonging  to  a  Scheduled  Caste  or  a  Scheduled  Tribe, 
knowing that she belongs to a Scheduled Caste or a Scheduled Tribe, when such act of touching is of 
a sexual nature and is without the recipient’s consent; 

(ii) uses  words,  acts  or  gestures  of  a  sexual  nature towards a  woman  belonging  to a  Scheduled 

Caste or a Scheduled Tribe, knowing that she belongs to a Scheduled Caste or a Scheduled Tribe. 

Explanation.––For the purposes of sub-clause (i), the expression “consent” means an unequivocal 
voluntary agreement when the person by words, gestures, or any form of non-verbal communication, 
communicates willingness to participate in the specific act: 

Provided that a woman belonging to a Scheduled Caste or a Scheduled Tribe who does not offer 
physical resistance to any act of a sexual nature is not by reason only of that fact, is to be regarded as 
consenting to the sexual activity: 

Provided  further  that  a  woman’s  sexual  history,  including  with  the  offender  shall  not  imply 

consent or mitigate the offence; 

(x)  corrupts  or  fouls  the  water  of  any  spring,  reservoir  or  any  other  source  ordinarily  used  by 
members of the Scheduled Castes or the Scheduled Tribes so as to render it less fit for the purpose for 
which it is ordinarily used; 

(y) denies a member of a Scheduled Caste or a Scheduled Tribe any customary right of passage to 
a place of public resort or obstructs such member so as to prevent him from using or having access to 
a place of public resort to which other members of public or any other section thereof have a right to 
use or access to; 

(z)  forces  or  causes  a  member  of  a  Scheduled  Caste  or  a  Scheduled  Tribe  to  leave  his  house, 

village or other place of residence: 

Provided that nothing contained in this clause shall apply to any action taken in discharge of a 

public duty; 

(za)  obstructs or  prevents a  member  of  a  Scheduled Caste  or  a  Scheduled Tribe  in  any  manner 

with regard to— 

(A) using common property resources of an area, or burial or cremation ground equally with 
others or using any river, stream, spring, well, tank, cistern, water-tap or other watering place, or 
any bathing ghat, any public conveyance, any road, or passage; 

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(B) mounting or riding bicycles or motor cycles or wearing footwear or new clothes in public 
places  or  taking  out  wedding  procession,  or  mounting  a  horse  or  any  other  vehicle  during 
wedding processions; 

(C) entering any place of worship which is open to the public or other persons professing the 
same  religion  or  taking  part  in,  or  taking  out,  any  religious,  social  or  cultural  processions 
including jatras; 

(D) entering any educational institution, hospital, dispensary, primary health centre, shop or 
place of public entertainment or any other public place; or using any utensils or articles meant for 
public use in any place open to the public; or 

(E)  practicing  any  profession  or  the  carrying  on  of  any  occupation,  trade  or  business  or 
employment in any job which other members of the public, or any section thereof, have a right to 
use or have access to; 

(zb)  causes  physical  harm  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  or  threatens  a  social  or  economic  boycott  of  any  person  or  a  family  or  a  group 

belonging to 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 five years and with fine.] 

(2) Whoever, not being a member of a Scheduled Caste or a Scheduled Tribe,— 

(i) 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; 

(ii) 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; 

(iii) 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; 

(iv) 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;  

(v) 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  1[knowing 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; 

2[(va) commits any offence specified in the Schedule, against a person or property, knowing that 
such person is a member of a Scheduled Caste or a Scheduled Tribe or such property belongs to such 

1. Subs. by Act 1 of 2016, s. 4, for “on the ground that such person is a member of a Scheduled Caste or a Scheduled Tribe or 

such property belongs to such member” (w.e.f. 26-1-2016). 

2. Ins. by s. 4, ibid. (w.e.f. 26-1-2016). 

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member, shall be punishable with such punishment as specified under the Indian Penal  Code (45 of 
1860) for such offences and shall also be liable to fine;] 

(vi)  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 

(vii)  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. 
1[4. Punishment for neglect of duties.—(1) Whoever, being a public servant but not being a member 
of a Scheduled Caste or a Scheduled Tribe, wilfully neglects his duties required to be performed by him 
under  this  Act  and  the  rules  made  thereunder, shall be  punishable  with imprisonment  for  a  term  which 
shall not be less than six months but which may extend to one year. 

(2) The duties of public servant referred to in sub-section (1) shall include–– 

(a) to read out to an informant the information given orally, and reduced to writing by the officer 

in charge of the police station, before taking the signature of the informant; 

(b)  to  register  a  complaint  or  a  First  Information  Report  under  this  Act  and  other  relevant 

provisions and to register it under appropriate sections of this Act; 

(c) to furnish a copy of the information so recorded forthwith to thein formant; 

(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 Special 

Court within a period of sixty days, and to explain the delay if any, in writing; 

(f) to correctly prepare, frame and translate any document or electronic record; 

(g) to perform any 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 an administrative enquiry. 

(3)  The  cognizance  in  respect  of  any  dereliction  of  duty  referred  to  in  sub-section  (2)  by  a  public 
servant  shall  be  taken  by  the  Special  Court  or  the  Exclusive  Special  Court  and  shall  give  direction  for 
penal proceedings against such public servant.] 

5. Enhanced punishment subsequent conviction.—Whoever, having already been convicted of an 
offence under this Chapter is convicted for the second offence or any  offence subsequent to the second 
offence,  shall  be  punishable  with  imprisonment  for  a  term  which  shall  not  be  less    than  one  year  but 
which may extend to the punishment provided for that offence. 

6. Application of certain provisions of the Indian Penal Code.—Subject to the other provisions of 
this Act, the provisions of section 34, Chapter III, Chapter IV, Chapter V, Chapter 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. 

 7.  Forfeiture  of  property  of  certain  persons.—(1)  Where  a  person  has  been  convicted  of  any 
offence punishable under this Chapter, the Special Court may, in addition to awarding any punishment, 
by order in writing, declare that any property, movable or immovable or both,  belonging to the person, 
which has been used for the commission of that offence, shall stand forfeited to Government. 

(2) Where  any  person  is  accused  of  any  offence  under  this  Chapter,  it  shall  be  open to  the  Special 

Court trying him to pass an order that all or any of the properties, movable or immovable or both,  

1. Subs. by Act 1 of 2016, s. 5, for section 4 (w.e.f. 26-1-2016). 

7 

 
 
                                                           
belonging  to  him,  shall,  during  the  period  of  such  trial,  be  attached,  and  where  such  trial  ends  in 
conviction, the property so attached shall be liable to forfeiture to the extent it is required for the purpose 
of realisation of any fine imposed under this Chapter. 

8. Presumption as to offences.—In a prosecution for an offence under this  Chapter, if it is proved 

that— 

(a)  the  accused  rendered  1[any  financial  assistance  in  relation  to  the  offences  committed  by  a 
person  accused  of],  or  reasonably  suspected  of,  committing,  an  offence  under  this  Chapter,  the 
Special Court shall presume, unless the contrary is proved, that such person had abetted the offence; 

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

2[(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 tribal identity of the victim, unless the contrary is 
proved.] 

9.  Conferment  of  powers.—(1)  Notwithstanding  anything  contained  in  the  Code  or  in  any  other 

provision of this Act, the State Government may, if it considers it necessary or expedient so to do,— 

(a) for the prevention of and for coping with any offence under this Act, or 

(b) for any case or class or group of cases under this Act, 

in any district or part thereof, confer, by notification in the Official Gazette, on any officer of the State 
Government, the powers exercisable by a police officer under the Code in such district or part thereof or, 
as  the  case  may  be,  for  such  case  or  class  or  group  of  cases,  and  in  particular,  the  powers  of  arrest, 
investigation and prosecution of persons before any Special Court. 

(2)  All  officers  of  police and  all  other  officers  of  Government  shall  assist the  officer  referred  to  in 
sub-section  (1)  in  the  execution  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 under sub-section (1). 

CHAPTER III 

EXTERNMENT 

10. Removal of person likely to commit offence.—(1) Where the Special Court is satisfied, upon a 
complaint or a police report that a person is likely to commit an offence under Chapter II of this Act in 
any area included in ‘Scheduled Areas’ or ‘tribal areas’, as referred to in article 244 of the Constitution, 
3[or any area identified under the provisions of clause (vii) of sub-section (2) of section 21], 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 4[three years], as may be specified in the order.  

(2) The Special Court shall, along with the order under sub-section (1), communicate to the person 

directed under that sub-section the grounds on which such order has been made. 

(3) The Special Court may revoke or modify the order made under sub-section (1), for the reasons to 
be recorded in writing, on the representation made by the person against whom such order has been made 
or by any other person on his behalf within thirty days from the date of the order. 

1. Subs. by Act 1 of 2016, s. 6, for “any financial assistance to a person accused of” (w.e.f. 26-1-2016). 
2. Ins. by s. 6, ibid. (w.e.f. 26-1-2016). 
3. Ins. by s. 7, ibid. (w.e.f. 26-1-2016). 
4. Subs. by s. 7, ibid., for “two years” (w.e.f. 26-1-2016). 

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11.  Procedure  on  failure  of  person  to  remove  himself  from  area  and  enter  thereon  after 
removal.—(1) If a person to whom a direction has been issued under section 10 to remove himself from 
any area— 

(a) fails to remove himself as directed; or 

(b) having so removed himself enters such area within the period specified in the order,  

otherwise  than  with  the  permission  in  writing  of  the  Special  Court  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. 

(2) The Special Court may, by order in writing, permit any person in respect of whom an order under 
section 10 has been made, to 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. 

(3) The Special Court may at any time revoke any such permission. 

(4) 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. 

(5)  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. 

12. Taking measurements and  photographs, etc., of persons against whom order undersection 
10  is  made.—(1)  Every  person  against  whom  an  order  has  been  made  under  section  10  shall,  if  so 
required by the Special Court, allow his measurements and photographs to be taken by a police officer. 

(2)  If  any  person  referred  to  in  sub-section  (1),  when  required  to  allow  his  measurements  or 
photographs to be taken, resists or refuses to allow  the taking of such measurements or  photographs, it 
shall be lawful to use all necessary means to secure the taking thereof. 

(3) Resistance to or refusal to allow the taking of measurements or photographs under sub-section (2) 

shall be deemed to be an offence under section 186 of the Indian Penal Code (45 of 1860). 

(4)  Where  an  order  under  section  10  is  revoked,  all  measurements  and  photographs  (including 
negatives) taken under sub-section (2) shall be destroyed or made over to the person against whom such 
order is made. 

13. Penalty for noncompliance of order under section 10.—Any person contravening an order of 
the  Special  Court  made  under  section  10 shall  be  punishable  with  imprisonment  for  a  term  which  may 
extend to one year and with fine. 

CHAPTER IV 

SPECIAL COURTS 

1[14.  Special  Court  and  Exclusive  Special  Court.—(1)  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, establish an Exclusive Special Court for one or more Districts: 

Provided  that  in  Districts  where  less  number  of  cases  under  this  Act  is  recorded,  the  State 
Government  shall,  with  the  concurrence  of  the  Chief  Justice  of  the  High  Court,  by  notification  in  the 
Official Gazette, specify for such Districts, the Court of Session to be a Special Court to try the offences 
under this Act: 

1. Subs. by Act 1 of 2016, s. 8, for section 14 (w.e.f. 26-1-2016). 

9 

 
                                                           
Provided  further  that  the  Courts  so  established  or  specified  shall  have  power  to  directly  take 

cognizance of offences under this Act. 

(2) It shall be the duty of the State Government to establish adequate number of Courts to ensure that 

cases under this Act are disposed of within a period of two months, as far as possible. 

(3)  In  every  trial  in  the  Special  Court  or  the  Exclusive  Special  Court,  the  proceedings  shall  be 
continued from day-to-day until all the witnesses in attendance have been examined, unless the Special 
Court or the Exclusive Special Court finds the adjournment of the same beyond the following day to be 
necessary for reasons to be recorded in writing: 

Provided that when the trial relates to an offence under this Act, the trial shall, as far as possible, be 

completed within a period of two months from the date of filing of the charge sheet.] 

Karnataka 

STATE AMENDMENTS 

Amendment  of  section  14.—In  section  14  of  the  Scheduled  Castes  and  the  Scheduled  Tribes 
(Prevention of Atrocities) Act, 1989 (Central Act 33 of 1989), for the words “to try offences under this 
Act”, the words “to take cognizance of offences under this Act as a court of original jurisdiction and to try 
such offences” shall be substituted. 

[Vide Karnataka Act 35 of 2003, s. 2 ] 
1[14A. Appeals.—(1) Notwithstanding anything contained in the Code of CriminalProcedure,1973 (2 
of 1974), an appeal shall lie, from any judgment, sentence or order, not being an interlocutory order, of a 
Special Court or an Exclusive Special Court, to the High Court both on facts and on law. 

(2)  Notwithstanding  anything  contained  in  sub-section  (3)  of  section  378  of  the  Code  of  Criminal 
Procedure, 1973 (2 of 1974), an appeal shall lie to the High Court against an order of the Special Court or 
the Exclusive Special Court granting or refusing bail. 

(3)  Notwithstanding  anything  contained  in  any  other  law  for  the  time  being  inforce,  every  appeal 
under  this  section  shall  be  preferred  within  a  period  of  ninety  days  from  the  date  of  the  judgment, 
sentence or order appealed from: 

Provided that the High Court may entertain an appeal after the expiry of the said period of ninety days 
if it is satisfied that the appellant had sufficient cause for not preferring the appeal within the period of 
ninety days: 

Provided further that no appeal shall be entertained after the expiry of the period of one hundred and 

eighty days. 

(4)  Every  appeal  preferred  under  sub-section  (1)  shall,  as  far  as  possible,  be  disposed  of  within  a 

period of three months from the date of admission of the appeal.] 

2[15.  Special Public Prosecutor  and  Exclusive  Public  Prosecutor.—(1)  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. 

(2)  For  every  Exclusive  Special  Court,  the  State  Government  shall,  by  notification  in  the  Official 
Gazette, specify an Exclusive Special Public Prosecutor or appoint an advocate who has been in practice 
as an advocate for not less than seven years, as an Exclusive Special Public Prosecutor for the purpose of 
conducting cases in that Court.] 

1. Ins. by Act1 of 2016, s. 9 (w.e.f. 26-1-2016). 
2. Subs. by s.10, ibid., for section 15 (w.e.f. 26-1-2016). 

10 

 
 
 
                                                           
1[CHAPTER IVA 

RIGHTS OF VICTIMS AND WITNESSES 

15A.  Rights  of  victims  and  witnesses.—(1)  It  shall  be  the  duty  and  responsibility  of  the  State  to 
make  arrangements  for  the  protection  of  victims,  their  dependents,  and  witnesses  against  any  kind  of 
intimidation or coercion or inducement or violence or threats of violence. 

(2) A victim shall be treated with fairness, respect and dignity and with due regard to any special need 

that arises because of the victim’s age or gender or educational disadvantage or poverty. 

(3) A victim or his dependent shall have the right to reasonable, accurate, and timely notice of any 
Court  proceeding  including  any  bail  proceeding  and  the  Special  Public  Prosecutor  or  the  State 
Government shall inform the victim about any proceedings under this Act. 

(4)  A  victim  or  his  dependent  shall  have  the  right  to  apply  to  the  Special  Court  or  the  Exclusive 
Special  Court,  as  the  case  may  be,  to  summon  parties  for  production  of  any  documents  or  material, 
witnesses or examine the persons present. 

(5) A victim or his dependent shall be entitled to be heard at any proceeding under this Act in respect 
of bail, discharge, release, parole, conviction or sentence of an accused or any connected proceedings or 
arguments and file written submission on conviction, acquittal or sentencing. 

(6)  Notwithstanding  anything  contained  in  the  Code  of  Criminal  Procedure,1973  (2  of  1974),  the 
Special Court or the Exclusive Special Court trying a case under this Act shall provide to a victim, his 
dependent, informant or witnesses–– 

(a) the complete protection to secure the ends of justice; 

(b) the travelling and maintenance expenses during investigation, inquiry and trial; 

(c) the social-economic rehabilitation during investigation, inquiry and trial; and 

(d) relocation. 

(7)  The  State  shall  inform  the  concerned  Special  Court  or  the  Exclusive  Special  Court  about  the 
protection  provided  to  any  victim  or  his  dependent,  informant  or  witnesses  and  such  Court  shall 
periodically review the protection being offered and pass appropriate orders. 

(8)  Without  prejudice  to  the  generality  of  the  provisions  of  sub-section  (6),  the  concerned  Special 
Court  or  the  Exclusive  Special  Court  may,  on  an  application  made  by  a  victim  or  his  dependent, 
informant or witness in any proceedings before it or by the Special Public Prosecutor in relation to such 
victim, informant or witness or on its own motion, take such measures including–– 

(a)  concealing  the  names  and  addresses  of  the  witnesses  in  its  orders  or  judgments  or  in  any 

records of the case accessible to the public; 

(b) issuing directions for non-disclosure of the identity and addresses of the witnesses; 

(c)  take  immediate  action  in  respect  of  any  complaint  relating  to  harassment  of  a  victim, 

informant or witness and on the same day, if necessary, pass appropriate orders for protection: 

Provided that inquiry or investigation into the complaint received under clause (c) shall be tried 
separately from the main case by such Court and concluded within a period of two months from the 
date of receipt of the complaint: 

Provided further that where the complaint under clause (c) is against any public servant, the Court 
shall restrain such public servant from interfering with the victim, informant or witness, as the case 
may  be,  in  any  matter  related  or  unrelated  to  the  pending  case,  except  with  the  permission  of  the 
Court. 

1. Ins. byAct1 of 2016, s. 11 (w.e.f. 26-1-2016). 

11 

 
                                                           
 
(9)  It  shall  be  the  duty  of  the  Investigating  Officer  and  the  Station  House  Officer  to  record  the 
complaint of victim, informant or witnesses against any kind of intimidation, coercion or inducement or 
violence  or  threats  of  violence,  whether  given  orally  or  in  writing,  and  a  photocopy  of  the  First 
Information Report shall be immediately given to them at free of cost. 

(10) All proceedings relating to offences under this Act shall be video recorded. 

(11)  It  shall  be  the  duty  of  the  concerned  State  to  specify  an  appropriate  scheme  to  ensure 
implementation of the following rights and entitlements of victims and witnesses in accessing justice so 
as–– 

(a) to provide a copy of the recorded First Information Report at free of cost; 

(b) to provide immediate relief in cash or in kind to atrocity victims or their dependents; 

(c) to provide necessary protection to the atrocity victims or their dependents, and witnesses; 

(d) to provide relief in respect of death or injury or damage to property; 

(e) to arrange food or water or clothing or shelter or  medical aid or transport facilities or daily 

allowances to victims; 

(f) to provide the maintenance expenses to the atrocity victims and their dependents; 

(g)  to  provide  the  information  about  the  rights  of  atrocity  victims  at  the  time  of  making 

complaints and registering the First Information Report; 

(h)  to  provide  the  protection  to  atrocity  victims  or  their  dependents  and  witnesses  from 

intimidation and harassment; 

(i) to provide the information to atrocity victims or their dependents or associated organisations or 
individuals, on the status of investigation and charge sheet and to provide copy of the charge sheet at 
free of cost; 

(j) to take necessary precautions at the time of medical examination; 

(k) to provide information to atrocity victims or their dependents or associated organisations or 

individuals, regarding the relief amount; 

(l) to  provide information to  atrocity  victims  or  their  dependents  or  associated  organisations  or 

individuals, in advance about the dates and place of investigation and trial; 

(m)  to  give  adequate  briefing  on  the  case  and  preparation  for  trial  to  atrocity  victims  or  their 
dependents or associated organisations or individuals and to provide the legal aid for the said purpose; 

(n)  to  execute  the  rights  of  atrocity  victims  or  their  dependents  or  associated  organisations  or 
individuals at every stage of the proceedings under this Act and to provide the necessary assistance 
for the execution of the rights. 

(12) It shall be the right of the atrocity victims or their dependents, to take assistance from the Non-

Government Organisations, social workers or advocates.] 

CHAPTER V 

MISCELLANEOUS 

16. Power of State Government to impose collective fine.—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.  

17. Preventive action to be taken by the law and order machinery.—(1) A District Magistrate or a 
Sub-divisional Magistrate or any other Executive Magistrate or any police officer not below the rank of a 
Deputy Superintendent of Police may, on receiving information and after such inquiry as he may think 
necessary, has reason to believe that a person or a group of persons not belonging to the Scheduled Castes 
or the Scheduled Tribes, residing in or requenting any place within the local limits of his jurisdiction is 
likely to commit an offence or has threatened to commit any offence under this Act and is of the opinion 

12 

 
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. 

(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 (1). 

(3) The State Government may, by notification in the Official Gazette, make one or more schemes 
specifying  the  manner  in  which  the  officers  referred  to  in  sub-section  (1)  shall  take  appropriate  action 
specified in such scheme or schemes to prevent atrocities and to restore the feeling of security amongst 
the members of the Scheduled Castes and the Scheduled Tribes. 

18.  Section  438  of  the  Code  not  to  apply  to  persons  committing  an  offence  under  the  Act.—
Nothing in section 438 of the Code shall apply in relation to any case involving the arrest of any person 
on an accusation of having committed an offence under this Act.  

1[18A. No enquiry or approval required.—(1) For the purposes of this Act,—  

(a) preliminary enquiry shall not be required for registration of a First Information Report against 

any person; or  

(b) the investigating officer shall not require approval for the arrest, if necessary, of any person, 
against  whom  an  accusation  of  having  committed  an  offence  under  this  Act  has  been  made  and  no 
procedure other than that provided under this Act or the Code shall apply.  

(2)  The  provisions  of  section  438  of  the  Code  shall  not  apply  to  a  case  under  this  Act, 

notwithstanding any judgment or order or direction of any Court.] 

19. Section 360 of the Code or the provisions of the Probation of Offenders Act not to apply to 
persons  guilty  of  an  offence  under  the  Act.—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.  

20. Act to override other laws.—Save as otherwise provided in this Act, the provisions of this Act 
shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time 
being in force or any custom or usage or any instrument having effect by virtue of any such law. 

21. Duty of Government to ensure effective implementation of the Act.—(1) Subject to such rules 
as the Central Government may  make in this behalf, the State Government shall take such measures as 
may be necessary  for the effective implementation of this Act. 

(2) In particular, and without prejudice to the generality of the foregoing provisions, such measures 

may include,— 

(i) the provision for adequate facilities, including legal aid, to the persons subjected to atrocities 

to enable them to avail themselves of justice; 

(ii) the provision for travelling and maintenance expenses to witnesses, including the victims of 

atrocities, during investigation and trial of offences under this Act; 

(iii) the provision for the economic and social rehabilitation of the victims of the atrocities; 

(iv) the appointment of officers for initiating or exercising supervision over prosecutions for the 

contravention of the provisions of this Act; 

(v) 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; 

(vi) 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; 

1. Ins. by Act 27 of 2018, s. 2 (w.e.f. 20-8-2018). 

13 

 
                                                           
(vii) 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 of such measures so as to ensure safety for 
such members. 

(3) 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). 

(4) 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. 

22. Protection of action taken in good faith.—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. 

23. Power to make rules.—(1) The Central Government may, by notification in the Official Gazette, 

make rules for carrying out the purposes of this Act. 

(2) Every rule made under this Act shall be laid, as soon as may be after it is made, before each House 
of  Parliament,  while  it  is  in  session  for  a  total  period  of  thirty  days  which  may  be  comprised  in  one 
session  or  in  two  or  more  successive  sessions,  and  if,  before  the  expiry  of  the  session  immediately 
following the session or the successive sessions aforesaid, both Houses agree in making any modification 
in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only 
in such modified form or be of no effect, as the case may be; so, however, that any such modification or 
annulment shall be without prejudice to the validity of anything previously done under that rule.  

14 

 
 
 
1[THE SCHEDULE 

[See section 3(2)(va)] 

Section under the  
Indian Penal Code 

Name of offence and punishment 

120A 

120B 

141 

142 

143 

144 

145 

146 

147 

148  

217  

319  

320  

323 

324  

325 

326B 

332  

341  

354 

354A 

354B 

354C  

354D  

359 

363  

365  

Definition of criminal conspiracy. 

Punishment of criminal conspiracy. 

Unlawful assembly. 

Being member of unlawful assembly. 

Punishment for unlawful assembly. 

Joining unlawful assembly armed with deadly weapon. 

Joining or continuing in unlawful assembly, knowing it has beencommanded to 
disperse. 

Rioting. 

Punishment for rioting. 

Rioting, armed with deadly weapon. 

Public  servant  disobeying  direction  of  law  with  intent  to  save  personfrom 
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 throwing or attempting to throw acid. 

Voluntarily causing hurt to deter public servant from his duty. 

Punishment for wrongful restraint. 

Assault or criminal force to woman with intent to outrage hermodesty. 

Sexual harassment and punishment for sexual harassment. 

Assault or use of criminal force to woman with intent to disrobe. 

Voyeurism. 

Stalking. 

Kidnapping. 

Punishment for kidnapping 

Kidnapping or abducting with intent secretly and wrongfully to confine person. 

1. Ins. by Act 1 of 2016, s. 12 (w.e.f. 26-1-2016). 

15 

 
 
 
 
 
                                                           
Section under the  
Indian Penal Code 

Name of offence and punishment 

376B 

376C  

447  

506  

509  

Sexual intercourse by husband upon his wife during separation. 

Sexual intercourse by a person in authority. 

Punishment for criminal trespass. 

Punishment for criminal intimidation. 

Word, gesture or act intended to insult the modesty of a woman.] 

16 

 
 
 
 
 
 
 
 
