Sections 19 and 20: No Probation and Overriding Effect

Two short sections close the enforcement circle of the Act. Section 19 ensures that an adult convicted of an offence under the Act cannot walk out of court on probation or with a warning, and, where a minimum sentence is prescribed, cannot receive less. Section 20 ensures that the Act prevails over any inconsistent law, custom or usage, including the caste customs that the Act was enacted to destroy. This note explains both sections, their relationship with reformative sentencing and the Probation of Offenders Act, and how the Act interacts with the BNSS, the BNS, the law of evidence and other special statutes such as the POCSO Act and the juvenile justice law.

Figure 1: Section 19: is probation available?

1. Section 19: No Probation

What is excluded

• The general probation provision. Section 360 of the CrPC, now Section 401 of the BNSS, which allows a court to release an offender on probation of good conduct or after admonition instead of sentencing him. The reference to the CrPC is read as a reference to the BNSS under Section 531 BNSS and Section 8 of the General Clauses Act.
• The Probation of Offenders Act, 1958. The whole Act: release after admonition (Section 3), release on probation of good conduct (Section 4), and the restriction on imprisoning young offenders under twenty-one (Section 6).

Who is covered

• Offender above eighteen years. The bar applies to any person above eighteen. A child in conflict with law is dealt with under the Juvenile Justice (Care and Protection of Children) Act, 2015, and Section 19 does not apply.
• Found guilty of an offence under this Act. The bar attaches to a finding of guilt under the Act. If the accused is acquitted of the atrocity charge and convicted only of general penal offences, the text of Section 19 is not attracted, and the court may consider probation under the general law. This follows from the wording; there is no Supreme Court ruling on the point.
• Offences under the whole Act. Section 3 atrocities, Section 4 neglect by public servants, and Section 13 breach of an externment order are all offences under the Act.

The SC/ST Act and reformative sentencing

Indian sentencing law generally favours reformation, especially for first offenders and the young, and probation is its main tool. Section 19 is a deliberate departure. Its logic is that atrocities are not ordinary crimes of impulse or need: they express and enforce caste hierarchy, and a warning or probation would signal that such conduct is tolerable. Combined with the minimum sentences in Section 3, Section 19 ensures that an adult convicted under a clause with a prescribed minimum receives at least that minimum. Not every offence has one: Section 13 carries only a maximum, and Section 3(2)(va) carries the general penal punishment.

• No sentence below the minimum. Where the Act prescribes a minimum, courts cannot impose less, whatever the mitigating circumstances.
• High Courts applying Section 19. High Courts have consistently refused probation to adults convicted under the Act; the Madras High Court described Section 19 as expressly barring probationary relief (Karuppaiah v. State of Tamil Nadu, 2025).
• A doubtful exception. The Rajasthan High Court has held that Section 19 bars probation of good conduct but not release after admonition under Section 3 of the Probation of Offenders Act (Dipika Gauri v. State, 2025). The view is hard to reconcile with the text, which excludes 'the provisions of the Probation of Offenders Act' as a whole, and with the minimum sentence in Section 3 of the Act.

Section 19 versus the Probation of Offenders Act, 1958

The Probation of Offenders Act applies generally unless excluded. Section 19 is such an exclusion, like similar provisions in other serious-crime statutes. The earlier Act yields because Section 19 is specific, later and backed by the overriding effect of Section 20. Mitigating circumstances can still influence the sentence within the statutory range, above the minimum.

2. Section 20: Overriding Effect

The non-obstante clause

• 'Notwithstanding anything inconsistent'. Where the Act and another law conflict, the Act prevails. The clause operates only on inconsistency; where the two can stand together, both apply.
• 'Save as otherwise provided in this Act'. The Act itself may preserve other laws. For instance, Section 6 imports parts of the Penal Code, and the Special Court follows the Code's procedure except where the Act provides otherwise.
• Three targets. Other laws in force, custom or usage, and instruments having effect under such laws.

Figure 2: Section 20: where the Act overrides, and where it meets other laws

Conflict with custom or usage

The inclusion of 'custom or usage' is central to the Act's purpose. Many atrocities are defended as custom: Dalits may not ride a horse in a wedding, draw water from the upper-caste well, enter the temple, or wear new clothes in the village. Section 20 ensures that no such custom can be pleaded against the Act. Such customs are also void under Article 13 read with Article 17, which abolishes untouchability 'in any form', and are offences under the Protection of Civil Rights Act.

Special law versus general law

The Act is a special law. Under the maxim generalia specialibus non derogant, a special law prevails over a general law on its subject, and the Act's own procedure prevails over the general procedure in the Code. Section 20 makes this express.

3. The Act and Other Laws

The SC/ST Act and the BNSS

• Where the Act prevails. Special Courts and direct cognizance (Section 14), appeals (Section 14A), victim rights (Section 15A), the bar on anticipatory bail (Sections 18 and 18A), and investigation by an officer of DSP rank (Rule 7).
• Where the BNSS applies. In everything the Act does not cover: registration of FIRs, arrest safeguards, bail procedure, trial procedure, and the powers of a Court of Session.

The SC/ST Act and the BNS

• Imports. Section 6 applies the Penal Code's provisions on common intention, punishments, general exceptions, abetment, conspiracy, common object and attempt (Topic 27).
• Aggravation. Section 3(2)(v) and (va) build on offences under the general penal law (Topics 24 and 25).
• Minimum sentences. Where an act is an offence under both, the Act's minimum sentence applies to the atrocity charge.

The SC/ST Act and evidence law

The presumptions in Section 8 add to the general presumptions of the Bharatiya Sakshya Adhiniyam, 2023. Otherwise the ordinary rules of evidence apply: the prosecution must prove its case beyond reasonable doubt, the caste certificate must be proved, and the presumptions arise only once their foundational facts are proved.

The SC/ST Act and other special criminal statutes

Figure 3: Resolving a clash between two special laws

• Two non-obstante clauses. When two special laws each claim to override other laws, the Supreme Court has held that the later one ordinarily prevails (Solidaire India Ltd. v. Fairgrowth Financial Services Ltd., 2001), subject to the legislature's intention and the object of each Act (KSL and Industries Ltd. v. Arihant Threads Ltd., 2015).
• POCSO Act. Where an offence falls under both the POCSO Act and the SC/ST Act, High Courts have given the POCSO Act, a later special law with its own overriding clause (Section 42A), priority. On the trial forum, a Division Bench of the Madhya Pradesh High Court held that the POCSO Special Court tries both sets of offences (Pramod Yadav v. State of M.P., 2021). On the bail route, the Kerala and Karnataka High Courts held that a regular bail application lies to the High Court under the general law rather than an appeal under Section 14A (Renoj R.S. v. State of Kerala, 2022; Somashekhar v. State, 2023). The Bombay High Court has added that this applies only where the POCSO allegations are prima facie made out (Dinanath Manik Katkar v. State of Maharashtra, 2023).
• Juvenile justice law. Section 19 itself excludes persons under eighteen, and the Juvenile Justice Act, 2015 contains its own overriding clause for children in conflict with law. A child accused of an atrocity is dealt with by the Juvenile Justice Board under that Act.
• Substantive offences remain. Even where another special law governs forum or procedure, the substantive offences under the SC/ST Act remain and must be charged and tried.

4. Quick Revision and Memory Aids

• 'Nineteen: no probation above eighteen'. Section 19 excludes BNSS s.401 (formerly CrPC s.360) and the Probation of Offenders Act for adults.
• 'Found guilty under this Act'. The bar attaches to a conviction under the Act, not to general penal convictions alone.
• 'Straight red card'. No warning, no probation, the minimum sentence applies.
• 'Twenty: law, custom, instrument'. The three things the Act overrides.
• 'Special over general; later over earlier; purpose over all'. How conflicts are resolved.
• 'POCSO rules the forum and the bail route'. Madhya Pradesh (forum); Kerala and Karnataka (bail); Bombay (only if POCSO is prima facie made out).

5. Frequently Asked Questions

Can a first offender aged twenty be released on probation after conviction under Section 3(1)(r)?

No. Section 19 excludes both the general probation provision and the Probation of Offenders Act for anyone above eighteen.

The accused was acquitted of the atrocity charge but convicted of simple hurt. Can he get probation?

On the wording of Section 19, yes, since he is not found guilty of an offence under the Act; probation law may then be considered for the hurt conviction.

Can a village custom justify refusing temple entry to Dalits?

No. Section 20 overrides any custom or usage inconsistent with the Act, and Article 17 forbids untouchability in any form.

Which court tries a case involving both POCSO and SC/ST offences?

According to the Madhya Pradesh High Court, the Special Court under the POCSO Act, which tries both sets of offences.

Does Section 20 exclude the BNSS?

Only where the BNSS is inconsistent with the Act. Otherwise the BNSS governs procedure in atrocity cases.

6. Related Topics and Provisions

• Topic 13: Basic Requirements of Section 3. Minimum sentences in Section 3.
• Topic 27: Sections 5 to 9. Section 6 and the imported Penal Code provisions.
• Topic 34: Section 18. The bar on anticipatory bail.
• Sections 19, 20; BNSS s.401; Probation of Offenders Act, 1958 ss.3, 4, 6; POCSO Act s.42A; Juvenile Justice Act, 2015. The provisions discussed.