The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989

(1) This Act may be called the Scheduled Castes andthe Scheduled Tribes (Prevention of Atrocities) Act, 1989. (2) It extends to the whole of India 1***. (3) It shall come into force on such date2as the Central Government may, by notification in theOfficial Gazette, appoint.

(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); 1[(bb)"dependent" means the spouse, children, parents, brother and sister of the victim, who aredependent 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 forrendering service for consideration; or (iii) to refuse to do anything on the terms on which things would be commonly done in theordinary course of business; or (iv) to abstain from the professional or business relations that onewould maintain with otherperson; (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 theScheduled 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) ofsection 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 time being in force and includes any personacting in his official capacity under the CentralGovernment or the State Government, as the case may be;] (c) "Scheduled Castes and Scheduled Tribes" shall have the meanings assigned to themrespectively 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 PublicProsecutor or an advocate referred to in section 15; 2[(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 fromhim any customary service or to abstain from social relations that one would maintain with otherperson or to isolate him from others; (ec) "victim" means any individual who falls within the definition of the "Scheduled Castes andScheduled Tribes" under clause (c) of sub-section (1) of section 2, and who has suffered orexperienced physical, mental, psychological, emotional or monetary harm or harm to his property as aresult of the commission of any offence under this Act and includes his relatives, legal guardian andlegal heirs; (ed) "witness" means any person who is acquainted with the facts and circumstances, or is inpossession of any information or has knowledge necessary for the purpose of investigation, inquiry ortrial of any crime involving an offence under this Act, and who is or may be required to giveinformation or make a statement or produce any document during investigation, inquiry or trial ofsuch case and includes a victim of such offence;] 3[(f) the words and expressions used but not defined in this Act and defined in the Indian PenalCode (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 tothem in those enactments.] (2) Any reference in this Act to any enactment or any provision thereof shall, in relation to an area inwhich such enactment or such provision is not in force, be construed as a reference to the correspondinglaw, if any, in force in that area.

1[(1) Whoever, not being a member of a Scheduled Casteor a Scheduled Tribe,-- (a) puts any inedible or obnoxious substance into the mouth of a member of a Scheduled Caste ora 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 theentrance 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 aScheduled Tribe, dumps excreta, waste matter, carcasses or any other obnoxious substance in hisneighbourhood; (d) garlands with footwear or parades naked or semi-naked a member of a Scheduled Caste or aScheduled Tribe; (e) forcibly commits on a member of a Scheduled Caste or a Scheduled Tribe any act, such asremoving clothes from the person, forcible tonsuring of head, removing moustaches, painting face orbody 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, ornotified by any competent authority to be allotted to, a member of a Scheduled Caste or a ScheduledTribe, or gets such land transferred; (g) wrongfully dispossesses a member of a Scheduled Caste or a Scheduled Tribe from his land orpremises or interferes with the enjoyment of his rights, including forest rights, over any land orpremises 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, orany 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 offorced or bonded labour other than any compulsory service for public purposes imposed by theGovernment; (i) compels a member of a Scheduled Caste or a Scheduled Tribe to dispose or carry human oranimal carcasses, or to dig graves; (j) makes a member of a Scheduled Caste or a Scheduled Tribe to do manual scavenging oremploys 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 deva dasi or any other similarpractice 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 thatprovided 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 aScheduled Tribe as a candidate in any election; (m) forces or intimidates or obstructs a member of a Scheduled Caste or a Scheduled Tribe, whois a member or a Chairperson or a holder of any other office of a Panchayat under Part IX of theConstitution or a Municipality under Part IXA of the Constitution, from performing their normalduties and functions; (n) after the poll, causes hurt or grievous hurt or assault or imposes or threatens to impose socialor economic boycott upon a member of a Scheduled Caste or a Scheduled Tribe or prevents fromavailing 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 ScheduledTribe for having voted or not having voted for a particular candidate or for having voted in a mannerprovided by law; (p) institutes false, malicious or vexatious suit or criminal or other legal proceedings against amember of a Scheduled Caste or a Scheduled Tribe; (q) gives any false or frivolous information to any public servant and thereby causes such publicservant to use his lawful power to the injury or annoyance of a member of a Scheduled Caste or aScheduled Tribe; (r) intentionally insults or intimidates with intent to humiliate a member of a Scheduled Caste or aScheduled Tribe in any place within public view; (s) abuses any member of a Scheduled Caste or a Scheduled Tribe by caste name in any placewithin public view; (t) destroys, damages or defiles any object generally known to be held sacred or in high esteem bymembers 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 otherwisepromotes or attempts to promote feelings of enmity, hatred or ill-will against members of theScheduled Castes or the Scheduled Tribes; (v) by words either written or spoken or by any other means disrespects any late person held inhigh 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 ofa sexual nature and is without the recipients consent; (ii) uses words, acts or gestures of a sexual nature towards a woman belonging to a ScheduledCaste 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 unequivocalvoluntary 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 offerphysical resistance to any act of a sexual nature is not by reason only of that fact, is to be regarded asconsenting to the sexual activity: Provided further that a woman's sexual history, including with the offender shall not implyconsent or mitigate the offence; (x) corrupts or fouls the water of any spring, reservoir or any other source ordinarily used bymembers of the Scheduled Castes or the Scheduled Tribes so as to render it less fit for the purpose forwhich it is ordinarily used; (y) denies a member of a Scheduled Caste or a Scheduled Tribe any customary right of passage toa place of public resort or obstructs such member so as to prevent him from using or having access toa place of public resort to which other members of public or any other section thereof have a right touse 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 apublic duty; (za) obstructs or prevents a member of a Scheduled Caste or a Scheduled Tribe in any mannerwith regard to-- (A) using common property resources of an area, or burial or cremation ground equally withothers or using any river, stream, spring, well, tank, cistern, water-tap or other watering place, orany bathing ghat, any public conveyance, any road, or passage; (B) mounting or riding bicycles or motor cycles or wearing footwear or new clothes in publicplaces or taking out wedding procession, or mounting a horse or any other vehicle duringwedding processions; (C) entering any place of worship which is open to the public or other persons professing thesame religion or taking part in, or taking out, any religious, social or cultural processionsincluding jatras; (D) entering any educational institution, hospital, dispensary, primary health centre, shop orplace of public entertainment or any other public place; or using any utensils or articles meant forpublic use in any place open to the public; or (E) practicing any profession or the carrying on of any occupation, trade or business oremployment in any job which other members of the public, or any section thereof, have a right touse or have access to; (zb) causes physical harm or mental agony of a member of a Scheduled Caste or a ScheduledTribe 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 groupbelonging 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 mayextend 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 hewill thereby cause, any member of a Scheduled Caste or a Scheduled Tribe to be convicted of anoffence which is capital by the law for the time being in force shall be punished with imprisonmentfor life and with fine; and if an innocent member of a Scheduled Caste or a Scheduled Tribe beconvicted and executed in consequence of such false or fabricated evidence, the person who gives orfabricates 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 hewill thereby cause, any member of a Scheduled Caste or a Scheduled Tribe to be convicted of anoffence 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 whichmay 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 belikely that he will thereby cause damage to any property belonging to a member of a Scheduled Casteor a Scheduled Tribe, shall be punishable with imprisonment for a term which shall not be less thansix 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 belikely that he will thereby cause destruction of any building which is ordinarily used as a place ofworship or as a place for human dwelling or as a place for custody of the property by a member of aScheduled 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 imprisonmentfor a term of ten years or more against a person or property 2[knowing that such person is a memberof a Scheduled Caste or a Scheduled Tribe or such property belongs to such member], shall bepunishable with imprisonment for life and with fine; 3[(va) commits any offence specified in the Schedule, against a person or property, knowing thatsuch person is a member of a Scheduled Caste or a Scheduled Tribe or such property belongs to suchmember, 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 thisChapter, causes any evidence of the commission of that offence to disappear with the intention ofscreening the offender from legal punishment, or with that intention gives any information respectingthe offence which he knows or believes to be false, shall be punishable with the punishment providedfor that offence; or (vii) being a public servant, commits any offence under this section, shall be punishable withimprisonment for a term which shall not be less than one year but which may extend to thepunishment provided for that offence

1[4. Punishment for neglect of duties.--(1) Whoever, being a public servant but not being a memberof a Scheduled Caste or a Scheduled Tribe, wilfully neglects his duties required to be performed by himunder this Act and the rules made thereunder, shall be punishable with imprisonment for a term whichshall 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 officerin 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 relevantprovisions and to register it under appropriate sections of this Act; (c) to furnish a copy of the information so recorded forthwith to the in 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 SpecialCourt 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 therecommendation of an administrative enquiry. (3) The cognizance in respect of any dereliction of duty referred to in sub-section (2) by a publicservant shall be taken by the Special Court or the Exclusive Special Court and shall give direction forpenal proceedings against such public servant.]

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