The SC/ST (Prevention of Atrocities) Rules, 1995: Complete Note

The Act says what an atrocity is and who must act. The Rules say who acts, when, and how. Made by the Central Government under Section 23 and notified on 31 March 1995, the Rules give every stage of an atrocity case a named officer and a deadline: the police station must give a free copy of the FIR, a magistrate and senior officer must visit the spot, relief must reach the victim within seven days, a Deputy Superintendent of Police must investigate and the charge-sheet must be filed within sixty days, and committees from the sub-division to the Chief Minister must review it all. This note goes through the Rules one by one, explains the relief schedule and its staged payments, and sets out what the 2016 and 2018 amendments changed.

Figure 1: An atrocity case through the Rules

1. Rules 1 and 2: Title, Commencement and Definitions

• Rule 1. The Rules are called the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Rules, 1995, and came into force on their publication in the Official Gazette on 31 March 1995.
• 'Dependent', Rule 2(b). As substituted in 2016: the spouse, children, parents, brother and sister of the victim who are dependent wholly or mainly on the victim for support and maintenance. The 1995 definition was narrower and framed around the wife, children, dependent parents and a widowed sister.
• 'Identified area', Rule 2(c). An area where the State Government has reason to believe that an atrocity may take place, or that one may recur. It is the trigger for many duties in Rules 3, 8 and 10.
• 'Non-Government Organisation', Rule 2(d). A voluntary organisation engaged in the welfare of Scheduled Castes and Scheduled Tribes and registered under the Societies Registration Act, 1860 or any similar law.
• 'Schedule', Rule 2(e). The Schedule of relief annexed to the Rules (Annexure I, read with the disability guidelines in Annexure II).
• 'State Government', Rule 2(g). Includes, for a Union territory, the Administrator appointed under Article 239.
• 'Voluntarily', Rule 2(ga). Inserted in 2018: it has the meaning in Section 39 of the Indian Penal Code.
• Residuary. Words not defined in the Rules but defined in the Act have the meanings given in the Act.

2. Rule 3: Precautionary and Preventive Measures

Rule 3 lists what the State Government must do to prevent atrocities before they happen.

• Identification of atrocity-prone areas. Identify areas where an atrocity may take place or recur (clause (i)).
• Review of law and order. Order the District Magistrate, Superintendent of Police or other officer to visit the identified area and review the law and order situation (clause (ii)).
• Arms. Cancel, if necessary, the arms licences of persons not belonging to the protected communities, their near relations, servants, employees and family friends in the area, and have the arms deposited in the Government armoury; seize illegal firearms and prohibit their manufacture; and, for their safety, grant arms licences to Scheduled Caste and Scheduled Tribe members (clauses (iii) to (v)).
• Committees. Constitute a high-power State-level committee and district, divisional or other committees, and a vigilance and monitoring committee (clauses (vi) and (vii)).
• Awareness. Set up awareness centres and hold workshops on rights and protections, and encourage NGOs to run them with financial help (clauses (viii) and (ix)).
• Deployment of special police force. Deploy a special police force in the identified area (clause (x)).
• Quarterly review. By the end of every quarter, review the law and order situation, the functioning of committees, the performance of prosecutors, investigating officers and other officers, and the cases registered (clause (xi)).

3. Rule 4: Supervision of Prosecution

• Panel of Special Public Prosecutors. On the District Magistrate's recommendation, the State prepares a district panel of eminent senior advocates with at least seven years' practice (Rule 4(1)), and, with the Director of Prosecution, a panel of Public Prosecutors and Exclusive Special Public Prosecutors (Rule 4(1A)). Both are notified and remain in force for three years (Rule 4(1B)).
• Half-yearly review. The District Magistrate and the Director of Prosecution review the performance of the prosecutors at least twice a year, in January and July, and report to the State (Rule 4(2)).
• De-notification. A prosecutor who has not conducted a case to the best of his ability and with due care may be de-notified, with reasons in writing (Rule 4(3)).
• Review of cases and victim rights. The District Magistrate and the district officer in charge of prosecution review the position of cases and the implementation of victims' and witnesses' rights under Chapter IVA, and report monthly, by the 20th, to the Director of Prosecution and the State (Rule 4(4)).
• Eminent senior advocate. The District Magistrate or Sub-Divisional Magistrate may, if necessary or if the victim so desires, engage an eminent senior advocate (Rule 4(5)).
• Fees. Special Public Prosecutors are paid on a scale higher than other panel advocates (Rule 4(6)).

4. Rule 5: Information to the Police

• Recording oral information in writing. Oral information about an atrocity is reduced to writing by or under the direction of the officer in charge of the police station, read over to the informant, and signed by the informant; its substance is entered in the station book (Rule 5(1)).
• Free copy to the informant. A copy is given to the informant forthwith and free of cost (Rule 5(2)).
• Refusal to register information. If the officer refuses to record the information, the aggrieved person may send its substance in writing, by post, to the Superintendent of Police (Rule 5(3)).
• Complaint to the Superintendent of Police. The Superintendent must investigate personally or through an officer not below the rank of Deputy Superintendent, and then order the officer in charge, in writing, to enter the information in the station book.

5. Rule 6: Spot Inspection

• Visit by senior officers. On receiving information, from anyone or from his own knowledge, that an atrocity has been committed, the District Magistrate, Sub-Divisional Magistrate or any other Executive Magistrate, or a police officer not below the rank of Deputy Superintendent, must immediately visit the place, assess the extent of the atrocity, and report forthwith to the State Government (Rule 6(1)).
• Assessment of loss of life and property damage. The officers assess the loss of life and the loss and damage to property.
• Preparation of the victim list. They draw up a list of victims, their family members and dependants entitled to relief.
• Police patrolling. They order intensive police patrolling in the area.
• Immediate victim protection. They take effective steps to protect witnesses and other sympathisers of the victims, and provide immediate relief (Rule 6(2)).

6. Rule 7: Investigation

• Officer not below the rank of Deputy Superintendent. An offence under the Act must be investigated by a police officer not below the rank of Deputy Superintendent of Police (Rule 7(1)). The Supreme Court has treated this as mandatory: investigation by an officer not appointed under Rule 7 is invalid for offences under the Act (State of M.P. v. Chunnilal, 2009; State of M.P. v. Babbu Rathore, 2020).
• Selection of a competent investigating officer. The officer is appointed by the State Government, the Director General or the Superintendent, taking into account past experience, sense of ability and justice, so that the case is investigated on the right lines in the shortest time.
• Investigation on top priority. The officer must complete the investigation on top priority and submit the report to the Superintendent, who forwards it immediately to the Director General or Commissioner of Police (Rule 7(2)).
• Sixty-day framework after 2016. The officer in charge of the police station must file the charge-sheet in the Special Court or Exclusive Special Court within sixty days, a period that includes investigation and filing (Rule 7(2)). The 1995 text required investigation within thirty days.
• Delay to be explained in writing. Any delay in investigation or filing must be explained in writing by the investigating officer (Rule 7(2A)). Courts have held that the sixty-day period is a duty on the officer, not a limit whose breach entitles the accused to discharge.
• Quarterly review. The Home Secretary, the Secretary of the department dealing with Scheduled Castes and Scheduled Tribes, the Director of Prosecution, the officer in charge of prosecution and the Director General or Commissioner of Police review all investigations at the end of every quarter (Rule 7(3)).

7. Rules 8, 9 and 10: Protection Cell, Nodal Officer and Special Officer

Rule 8: the State-level SC/ST Protection Cell

A Protection Cell at the State headquarters under a Director General or Inspector General of Police surveys identified areas, maintains public order there, recommends special police forces or posts, investigates the probable causes of atrocities, restores a feeling of security, informs the nodal and special officers of the law and order situation and of the implementation of victims' rights, inquires into investigations and spot inspections, into refusals to record information and into wilful negligence by public servants, reviews cases, and reports monthly by the 20th to the State Government and the nodal officer.

Rule 9: the State-level Nodal Officer

• Rank. An officer of the level of a Secretary to the State Government, preferably belonging to the Scheduled Castes or Scheduled Tribes.
• Role. Coordinates the District Magistrates, Superintendents, investigating officers and other officers implementing the Act.
• Quarterly review. By the end of every quarter, reviews the reports under Rules 4, 6 and 8, the position of cases, the law and order situation in identified areas, immediate relief in cash or kind, the adequacy of rations, clothing, shelter, legal aid and allowances, the performance of NGOs, the Protection Cell and committees, and, since 2016, the implementation of victims' and witnesses' rights.

Rule 10: the Special Officer in the identified area

• Rank and role. Appointed in an identified area, not below the rank of an Additional District Magistrate, to coordinate with the District Magistrate, the Superintendent, the committees and the Protection Cell.
• Duties. Providing immediate relief and facilities to victims and taking measures to prevent recurrence; setting up awareness centres and workshops; coordinating with and assisting NGOs; and, since 2016, implementing victims' and witnesses' rights in the identified area.

8. Rule 11: Travel, Daily Allowance and Maintenance

• Victim and witness travel expenses. Victims, their dependants and witnesses get to-and-fro second class rail fare, or actual bus or taxi fare, from their residence to the place of investigation, hearing or trial (Rule 11(1)); the District Magistrate or Sub-Divisional Magistrate arranges transport or reimburses the full fare for visits to officers (Rule 11(2)).
• Attendant. Women witnesses, women victims or dependants, minors, persons over sixty and persons with forty per cent or more disability may take an attendant of their choice, who is paid the same expenses (Rule 11(3)).
• Diet and maintenance expenses. Daily maintenance for days away from home, at rates not less than the minimum wage for agricultural labourers (Rule 11(4)), and diet expenses in addition (Rule 11(5)).
• Timing. Payment immediately, and in any case within three days (Rule 11(6)).
• Medical expenses. Where an offence under Section 3 is committed, the District Magistrate reimburses medicines, special medical consultation, blood transfusion, replacement of essential clothing, meals and fruits (Rule 11(7)).

9. Rule 12: Measures by the District Administration

• Visit and listing. The District Magistrate and Superintendent visit the place, assess loss of life and property, and list those entitled to relief (Rule 12(1)).
• FIR and arrest. The Superintendent ensures that the FIR is registered and effective steps are taken to apprehend the accused (Rule 12(2)), appoints an investigating officer, deploys police and takes preventive measures (Rule 12(3)).
• Immediate relief, in cash or kind, within seven days. The District Magistrate, Sub-Divisional Magistrate or Executive Magistrate must provide relief in cash, in kind or both within seven days, according to the Schedule. Relief includes food, water, clothing, shelter, medical aid, transport facilities and other essential items (Rule 12(4)). The District Magistrate may be authorised to draw funds directly from the treasury to avoid delay (Rule 12(4A)).
• Rehabilitation by the Special Court. The Special Court may order socio-economic rehabilitation during investigation, inquiry and trial under Section 15A(6)(c) (Rule 12(4B)).
• Relief in addition to other compensation. Relief under the Rules is in addition to any other right to claim compensation under any other law. The provision, originally for death, injury and damage to property, now also covers rape, gang rape, unnatural offences and acid attack (Rule 12(5)).
• Special Court's power regarding inadequate or delayed relief. A report of the relief given goes to the Special Court. If the court finds that relief was not paid in time, was insufficient or only partly paid, it may order full or part payment or other assistance (Rule 12(7)).

The Schedule: scale of relief and staged payment

Figure 2: Relief in stages: examples from the Schedule (2016)

• Scale. Since 2016, Annexure I has forty-seven heads, mostly offences plus additional relief and destroyed houses, with minimum relief ranging from 85,000 rupees to 8,25,000 rupees.
• Staged payment. For most offences, relief is paid in instalments: commonly 25 per cent at the FIR stage, 50 per cent when the charge-sheet is sent to court, and 25 per cent on conviction by the trial court. Rape and gang rape follow 50 per cent after medical examination and confirmatory report, 25 per cent at charge-sheet and 25 per cent on conclusion of trial. Death follows 50 per cent after the post-mortem and 50 per cent at charge-sheet.
• Why staged. Early instalments reach the victim when the need is greatest; later instalments keep the victim connected to the prosecution. The stages are prescribed per offence, so the Schedule must be checked for each case.
• Additional relief in grave cases. In cases of death and similar grave harm, additional relief is to be arranged within three months: a basic pension of 5,000 rupees a month with dearness allowance to the widow or dependants, employment to one family member, agricultural land and a house if necessary, full cost of children's education, and provisions such as grains and utensils for three months.
• Houses destroyed. A brick or stone masonry house built or provided at Government cost.

10. Rules 13, 14 and 15: Officers, State Responsibility and Contingency Plan

Rule 13: selection of officers and staff

• Sensitivity and aptitude. Officers and staff posted in atrocity-prone areas must have the right aptitude and understanding of the problems of the Scheduled Castes and Scheduled Tribes (Rule 13(1)).
• Representation of SC/ST officers. Adequate representation of Scheduled Caste and Scheduled Tribe members in the administration and police at all levels, particularly at police posts and police stations (Rule 13(2)).

Rule 14: specific responsibility of the State Government

• Budget for relief and rehabilitation. The annual budget must provide for relief and rehabilitation and for the scheme of victims' and witnesses' rights under Section 15A(11) (Rule 14(1)).
• Review. At least twice a year, in January and July, the State reviews the performance of Special Public Prosecutors, the reports of investigations and preventive steps by district officers, relief and rehabilitation given, and reports of lapses by officers (Rule 14(2)).

Rule 15: the contingency plan

The 1995 Rule required the State to prepare and notify a 'model contingency plan'; since 2016 the State must frame and implement a plan, still notified, specifying the roles of departments, local bodies and NGOs, with a relief and rehabilitation package including:

• Immediate relief and victims' rights. A scheme of immediate relief in cash or kind, and the scheme of rights and entitlements under Section 15A(11).
• Land and housing assistance. Allotment of agricultural land and house sites, and brick or stone masonry houses.
• Rehabilitation package. Rehabilitation measures and schemes to strengthen the victim's socio-economic condition.
• Employment assistance. Employment in Government or a Government undertaking for a dependant or family member of the victim.
• Pension schemes. Pensions for widows, dependent children of the deceased, and victims who are disabled or old.
• Compensation. Mandatory compensation for victims.
• Health care and essential commodities. Health care, essential commodities, electrification, drinking water, burial or cremation grounds, and link roads to Scheduled Caste and Scheduled Tribe habitations.

11. Rules 16, 17, 17A and 18: Monitoring and Reporting

Figure 3: Who watches the watchers: review and monitoring under the Rules

Rule 16: State-level Vigilance and Monitoring Committee

• Chair. The Chief Minister or, in a Union territory, the Administrator; under President's rule, the Governor.
• Members. The Home, Finance and Welfare Ministers (or Advisers under President's rule), all elected Scheduled Caste and Scheduled Tribe members of Parliament and the State legislature from the State, the Chief Secretary, Home Secretary and Director General of Police, and representatives of the National Commissions. The Secretary in charge of Scheduled Caste and Scheduled Tribe welfare is convener.
• Biannual review. The committee meets at least twice a year, in January and July, to review implementation, the victims' rights scheme, relief and rehabilitation, prosecution, the role of officers and agencies, and reports of the nodal and special officers.
• Size. The original limit of twenty-five members was removed in 2018.

Rule 17: District-level Vigilance and Monitoring Committee

• The District Magistrate's role. The District Magistrate chairs the committee, with the district officer in charge of Scheduled Caste and Scheduled Tribe welfare as member-secretary.
• Members. Elected members of Parliament and the legislature from the district, the Superintendent of Police, three Scheduled Caste or Scheduled Tribe Group A officers, up to five non-official Scheduled Caste or Scheduled Tribe members, and up to three members from other categories associated with NGOs.
• Quarterly district meetings. At least once in three months, reviewing implementation, relief and rehabilitation, prosecution, the role of officers, and the victims' rights scheme.
• Sub-Divisional committee, Rule 17A. Chaired by the Sub-Divisional Magistrate, with the Block Development Officer as member-secretary; it also meets at least once in three months.

Rule 18: material for the annual report

Every year before 31 March, the State Government must send the Central Government a report on the measures taken and the schemes and plans framed during the previous calendar year. This material feeds the annual report that the Central Government must place before Parliament under Section 21(4).

12. The Rules of 1995 and the Amendment Rules of 2016 and 2018

Figure 4: How the Rules changed: 1995 text and the 2016 and 2018 amendments

Rules 1995 versus Amendment Rules 2016 (14 April 2016)

The 2016 amendments implemented the 2015 Amendment Act. They widened the definition of dependant; extended Rule 4 to Exclusive Special Courts and added victims' rights to the monthly review; replaced the thirty-day investigation limit with a sixty-day limit for investigation and charge-sheet, with delay explained in writing; wove the victims' and witnesses' rights of Chapter IVA into the duties of the Protection Cell, nodal officer, special officer, State Government and committees; required relief within seven days and allowed direct drawal from the treasury; empowered the Special Court to order rehabilitation; converted the model contingency plan into a plan that must be framed and implemented, with a scheme of victims' rights; and recast the Schedule into forty-seven heads with relief from 85,000 rupees to 8,25,000 rupees.

Rules 1995 versus Amendment Rules 2018 (27 June 2018)

The 2018 amendments defined 'voluntarily' by reference to Section 39 of the Penal Code, extended the rule that relief is additional to other compensation so that it expressly covers rape, gang rape, unnatural offences and acid attack, and removed the twenty-five member limit on the State Vigilance and Monitoring Committee.

13. Frequently Asked Questions

Who must visit the scene of an atrocity?

The District Magistrate, Sub-Divisional Magistrate or another Executive Magistrate, or a police officer not below the rank of Deputy Superintendent, immediately on receiving information (Rule 6).

When must relief be paid?

Immediate relief in cash or kind within seven days (Rule 12(4)); the Schedule's instalments follow the stages of the case.

Is relief a bar to claiming compensation from the accused?

No. Rule 12(5) makes relief additional to any other right to claim compensation.

Can an Inspector investigate an offence under the Act?

No. Rule 7(1) requires an officer not below the rank of Deputy Superintendent of Police, and investigation by an unauthorised officer is invalid for offences under the Act.

Who chairs the District Vigilance and Monitoring Committee and how often does it meet?

The District Magistrate; at least once in three months (Rule 17).

14. Related Topics and Provisions

• Topic 26: Section 4. Duties under Rules 5 and 7 whose wilful neglect is punishable.
• Topics 31 to 33. Rules 3, 4, 8, 11 and 12 in the context of prosecution, victims' rights and prevention.
• Topics 37 and 38. Section 21 and the rule-making power in Section 23.
• Sections 15A, 21, 23; SC/ST (PoA) Rules, 1995, Rules 1 to 18 and Annexures I and II. The provisions discussed