Structure of the SC/ST Act: Section-Wise Overview of Sections 1 to 23

This note is a guided walk through every section of the SC/ST Act as it stands after the 2015 and 2018 amendments, together with the Schedule. For each section it gives the rule in plain language, the key words that examiners look for, and the leading case or cross-reference. Use it as a revision map: the earlier topics explain the ideas; this one makes sure you can place every provision by number.

Figure 1: Sections 1 to 23 at a glance, grouped by function

1. Chapter I: Preliminary (Sections 1 and 2)

Section 1: Short title, extent and commencement

• Title. The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (Act 33 of 1989).
• Extent (s.1(2)). The whole of India. The words 'except the State of Jammu and Kashmir' were omitted with effect from 31 October 2019 by the Jammu and Kashmir Reorganisation Act, 2019 (Topic 9).
• Commencement (s.1(3)). On a date appointed by the Central Government by notification: 30 January 1990.

Section 2: Definitions

Section 2(1) contains the definitions (atrocity, Code, dependent, economic boycott, Exclusive Special Court, forest rights, manual scavenger, public servant, Scheduled Castes and Scheduled Tribes, Special Court, Special Public Prosecutor, Schedule, social boycott, victim, witness) and the residuary clause (f). Section 2(2) reads a reference to an enactment not in force in an area as a reference to the corresponding law in force there. Each definition is examined in Topic 12.

2. Chapter II: Offences of Atrocities (Sections 3 to 9)

Section 3: Punishments for offences of atrocities

Section 3(1) punishes a person 'not being a member of a Scheduled Caste or a Scheduled Tribe' who commits any of twenty-nine acts, with imprisonment of not less than six months, up to five years, and fine:

• (a) to (e): degradation. Putting inedible or obnoxious substances into the mouth; dumping excreta, sewage or carcasses at or near premises; doing so to cause injury, insult or annoyance; garlanding with footwear or parading naked or semi-naked; forcibly removing clothes, tonsuring, removing moustaches, painting the face or body, or similar acts.
• (f) and (g): land and resources. Wrongful occupation, cultivation or transfer of land owned by, in the possession of or allotted to a member; wrongful dispossession from land or premises, or interference with rights over land, forest, water or irrigation, or destroying crops.
• (h) to (k): labour and exploitation. Begar and forced or bonded labour (except compulsory public service); compelling a person to dispose of human or animal carcasses or dig graves; manual scavenging; dedicating a woman as a devadasi.
• (l) to (o): political rights. Forcing or preventing voting or voting in a particular way, candidature or proposing; obstructing a panchayat or municipal office-holder; post-poll hurt, assault, boycott or denial of public services; any offence under the Act because the member voted or did not vote for a candidate.
• (p) and (q): abuse of legal process. False, malicious or vexatious suits or proceedings; false or frivolous information to a public servant to cause injury or annoyance.
• (r) and (s): insult and abuse. Intentional insult or intimidation with intent to humiliate in any place within public view; abuse by caste name in any place within public view.
• (t) to (v): sacred objects and esteem. Destroying, damaging or defiling any object held sacred; promoting enmity, hatred or ill-will by words, signs or representation; disrespecting any late person held in high esteem.
• (w): sexual offences. Intentionally touching a woman of these communities in a sexual manner without her consent, knowing she belongs to them; or using words, acts or gestures of a sexual nature towards her.
• (x) to (za): exclusion. Fouling a water source; denying a customary right of passage or obstructing use of a public place; forcing a person to leave house, village or residence; obstructing use of common property, burial grounds, bathing ghats, transport, roads, footwear, new clothes, wedding processions, places of worship, institutions, or the practice of any profession or trade.
• (zb) and (zc): witchcraft and boycott. Physical harm or mental agony on allegations of practising witchcraft; imposing or threatening social or economic boycott.

Section 3(2) deals with graver offences by the same class of persons:

• (i) False evidence for a capital offence. Life imprisonment and fine; death if an innocent member is convicted and executed on that evidence.
• (ii) False evidence for an offence of seven years or more. Six months to seven years or upwards, and fine.
• (iii) Mischief by fire or explosive substance. Six months to seven years and fine.
• (iv) Fire or explosive to destroy a place of worship or dwelling. Life imprisonment and fine.
• (v) IPC offence of ten years or more. Committed against a person or property 'knowing that' the person is a member: life imprisonment and fine.
• (va) Scheduled offences. Committed knowing the victim's identity: the punishment under the IPC for that offence, and liability to fine.
• (vi) Causing disappearance of evidence. Knowingly causing evidence of an offence under this Chapter to disappear: the punishment provided for that offence.
• (vii) Offences by public servants. A public servant committing an offence under this section: not less than one year, up to the punishment provided for that offence.

Section 4: Punishment for neglect of duties

A public servant (not being a Scheduled Caste or Scheduled Tribe member) who wilfully neglects his duties under the Act and Rules is punishable with six months to one year. Section 4(2) lists the duties (reading out the information before the informant signs, registering the FIR under the right sections, giving the informant a copy, recording statements of victims and witnesses, filing the charge-sheet within sixty days and explaining delay in writing, correctly preparing and translating documents). Charges are booked on the recommendation of an administrative enquiry, and the Special Court takes cognizance and directs penal proceedings (s.4(3)).

Section 5: Enhanced punishment for subsequent conviction

A person already convicted under this Chapter who is convicted again for a second or subsequent offence is punishable with not less than one year, up to the punishment provided for that offence.

Section 6: Application of certain provisions of the Indian Penal Code

Section 34, Chapter III (punishments), Chapter IV (general exceptions), Chapter V (abetment), Chapter VA (criminal conspiracy), Section 149 and Chapter XXIII (attempts) of the IPC apply, so far as may be, to offences under the Act as they apply to IPC offences. After 1 July 2024 they are read with the corresponding BNS provisions.

Section 7: Forfeiture of property

On conviction under this Chapter, the Special Court may, in addition to any punishment, declare forfeited to the Government any property, movable or immovable, belonging to the convict that was used for committing the offence (s.7(1)). During the trial it may attach the accused's property, which on conviction is liable to forfeiture to the extent needed to realise any fine (s.7(2)).

Section 8: Presumption as to offences

• (a) Financial assistance. If the accused gave financial assistance in relation to the offences committed by a person accused of an offence under this Chapter, the court presumes abetment, unless the contrary is proved.
• (b) Group offences in disputes. If a group of persons committed the offence as a sequel to an existing dispute over land or any other matter, the offence is presumed to have been committed in furtherance of their common intention or common object.
• (c) Knowledge of caste identity. If the accused had personal knowledge of the victim or the family, the court presumes awareness of the victim's caste or tribal identity, unless the contrary is proved (added in 2016; Shivkumar v. State of Chhattisgarh, 2025).

Section 9: Conferment of powers

Notwithstanding the Code, the State Government may, by notification, confer on any of its officers the powers of a police officer in a district or for particular cases, for preventing and coping with offences under the Act, including the powers of arrest, investigation and prosecution before a Special Court. All police and government officers must assist such an officer, and the Code applies to the exercise of these powers.

3. Chapter III: Externment (Sections 10 to 13)

Figure 2: Externment: Sections 10 to 13 in sequence

• Section 10: Removal of a person likely to commit an offence. On a complaint or police report, if the Special Court is satisfied that a person is likely to commit an offence under Chapter II in a Scheduled Area or tribal area (Article 244), or in an area identified as atrocity-prone under Section 21(2)(vii), it may direct him to remove himself beyond that area, by a specified route and within a specified time, and not to return for up to three years. The grounds must be communicated, and the court may revoke or modify the order on his representation.
• Section 11: Procedure on failure to remove or on re-entry. If he does not leave or returns without permission, the Special Court may have him arrested and removed in police custody. It may permit him to return temporarily, on conditions and security.
• Section 12: Measurements and photographs. A person against whom an order under Section 10 is made must, if required, allow his measurements and photographs to be taken.
• Section 13: Penalty for non-compliance. Contravening an order under Section 10 is punishable with imprisonment up to one year and fine.

4. Chapter IV: Special Courts (Sections 14, 14A and 15)

• Section 14: Special Court and Exclusive Special Court. An Exclusive Special Court for one or more districts, established with the concurrence of the Chief Justice of the High Court; in districts with fewer cases, a Court of Session specified as a Special Court. Both may take cognizance directly. The State must set up enough courts to dispose of cases within two months as far as possible, and trials proceed day to day, to be completed within two months of the charge-sheet as far as possible.
• Section 14A: Appeals. Appeal to the High Court on facts and law from any non-interlocutory judgment, sentence or order, including orders granting or refusing bail; within ninety days, extendable but not beyond one hundred and eighty; to be decided within three months of admission as far as possible.
• Section 15: Special Public Prosecutor and Exclusive Special Public Prosecutor. For each Special Court, the State specifies a Public Prosecutor or appoints an advocate of at least seven years' practice as Special Public Prosecutor; for each Exclusive Special Court, it specifies an Exclusive Special Public Prosecutor or appoints such an advocate.

5. Chapter IVA: Rights of Victims and Witnesses (Section 15A)

• Protection (15A(1)). The State must protect victims, dependants and witnesses against intimidation, coercion, inducement or violence.
• Dignity (15A(2)). Fairness, respect and dignity, with regard to special needs arising from age, gender, educational disadvantage or poverty.
• Notice (15A(3)). Reasonable, accurate and timely notice of any court proceeding, including bail.
• Summoning (15A(4)). Right to apply for summoning parties, documents and witnesses.
• Hearing (15A(5)). Right to be heard on bail, discharge, release, parole, conviction or sentence, and to file written submissions.
• Court protection (15A(6) to (8)). Complete protection, travel and maintenance expenses, socio-economic rehabilitation and relocation (6); the State reports on protection to the court, which reviews it (7); concealment of witnesses' names and addresses and immediate action on harassment complaints (8).
• Records and schemes (15A(9) to (12)). Police must record complaints of intimidation and give a free photocopy of the FIR (9); all proceedings are video recorded (10); a State scheme of rights and entitlements (11); and the right to take the assistance of NGOs, social workers or advocates (12).

6. Chapter V: Miscellaneous (Sections 16 to 23)

• Section 16: Power of State Government to impose collective fine. Section 10A of the Protection of Civil Rights Act, 1955 applies, so far as may be, for imposing and realising collective fines under this Act.
• Section 17: Preventive action by the law and order machinery. A District Magistrate, Sub-Divisional Magistrate, Executive Magistrate or police officer not below the rank of Deputy Superintendent, having reason to believe that persons not belonging to these communities are likely to commit or have threatened an offence under the Act, may declare the area atrocity-prone and take preventive action; the Code's chapters on security for keeping the peace, maintenance of public order and tranquillity, and preventive action by the police apply, and the State may frame schemes for preventive measures.
• Section 18: Section 438 of the Code not to apply. No anticipatory bail for any person accused of an offence under the Act (now read as Section 482 BNSS). Upheld in Ram Krishna Balothia (1995).
• Section 18A: No enquiry or approval required. No preliminary enquiry before an FIR; no approval before arrest; Section 438 excluded notwithstanding any court order. Upheld in Prathvi Raj Chauhan (2020), subject to a prima facie case.
• Section 19: Section 360 of the Code and the Probation of Offenders Act not to apply. No release on probation for any person above eighteen found guilty of an offence under the Act (Section 360 CrPC now read as Section 401 BNSS).
• Section 20: Act to override other laws. Save as otherwise provided, the Act prevails over any inconsistent law, custom, usage or instrument.
• Section 21: Duty of Government to ensure effective implementation. The State Government must implement the Act, including through legal aid, travel and maintenance for witnesses and victims, economic and social rehabilitation, officers to supervise prosecutions, committees, periodic surveys, and identification of atrocity-prone areas (s.21(2)(i) to (vii)); the Central Government coordinates and reports annually to Parliament (s.21(3), (4)).
• Section 22: Protection of action taken in good faith. No suit, prosecution or other legal proceeding lies against the Central or State Government, or any officer, authority or other person, for anything done or intended to be done in good faith under the Act.
• Section 23: Power to make rules. The Central Government may make rules by notification; every rule is laid before each House of Parliament. The SC/ST (Prevention of Atrocities) Rules, 1995 are made under this section.

7. The Schedule (Section 3(2)(va))

Added in 2016, the Schedule lists thirty-two IPC sections. When any of them is committed against a Scheduled Caste or Scheduled Tribe member or property, knowing the victim's identity, the offence becomes an atrocity under Section 3(2)(va), punishable as under the IPC, with liability to fine. The IPC references are now read with the corresponding BNS provisions.

Figure 3: The Schedule and the BNS equivalents of its IPC sections

8. Quick Revision and Memory Aids

• '1-2 set up, 3-9 punish, 10-13 remove, 14-15A try and protect, 16-23 run'. The chapter map.
• '29 clauses, 6 months to 5 years'. Section 3(1).
• 'Life for (i), (iv), (v)'. Life imprisonment clauses in Section 3(2); death only in (i) if the innocent member is executed.
• 'One year minimum for officials and repeaters'. Sections 3(2)(vii) and 5.
• '34, III, IV, V, VA, 149, XXIII'. IPC provisions applied by Section 6.
• 'Money, mob, acquaintance'. Section 8 presumptions (a), (b), (c).
• '10 orders, 11 enforces, 12 records, 13 punishes'. Externment sequence; maximum three years; penalty up to one year.
• '438 out, enquiry out, approval out, probation out'. Sections 18, 18A and 19.
• 'PCR 10A lives in s.16'. Collective fine.
• '32 in the Schedule'. IPC sections under Section 3(2)(va).

9. Frequently Asked Questions

Which section of the SC/ST Act bars anticipatory bail?

Section 18, reinforced by Section 18A(2), which applies 'notwithstanding any judgment or order or direction of any Court'.

For how long can a person be externed under Section 10?

For up to three years (two years before the 2015 amendment), from Scheduled Areas, tribal areas or areas identified as atrocity-prone under Section 21(2)(vii).

Which provisions of the IPC apply to offences under the Act?

Under Section 6: Section 34, Chapters III, IV, V and VA, Section 149 and Chapter XXIII, now read with the BNS.

Who makes the rules under the Act?

The Central Government, under Section 23. The SC/ST (Prevention of Atrocities) Rules, 1995 were made under it and amended in 2016 and 2018.

Does the Act apply the PCR Act's collective fine?

Yes. Section 16 applies Section 10A of the Protection of Civil Rights Act, 1955 for imposing and realising collective fines.

10. Related Topics and Provisions

• Topic 5: Meaning and Nature of Atrocity. The families of offences and the punishment ladder.
• Topic 10: Amendment History. How each section reached its present form.
• Topic 12: Section 2 Definitions. Every definition in detail.
• SC/ST (Prevention of Atrocities) Rules, 1995. Rules 3, 7, 11, 12, 15, 16 and 17