defence in SC and St Act 1989

Jaideep Garg (Querist) 24 September 2009 This query is : Resolved
Sir I wanted to know that which type of defences available to accused in SC & ST Act. What is the meaning with in public perview. Whether at the time of commission of offence any person from Swaran Communnity is necessarry. Whether the person who belonged to Backward class can be made accused in SC and ST Act.riven

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adv. rajeev ( rajoo ) (Expert) 24 September 2009
Defences u will get only after going thru., the charge sheet and statement of wittnesses and investigating officer. Against the person belongs to Backward class cannot be made as accused.riven

Sarvesh Kumar Sharma Advocate (Expert) 24 September 2009
yes,
the person who belonged to Backward class can be made accused in SC and ST Act,if the other accused are comes in genral cast.
the best defence in sc st act is witnesses.
knowing each other ,enimity,r also defences.riven

Raj Kumar Makkad (Expert) 24 September 2009
There is no bar of initiation proceeding against a person who belongs to backward class. Word in section 3 (10) of Prevention of Atrocities on Scheduled Castes and Scheduled Tribes is "A person of non-Sc or Non-St....." is used for accused which includes even backward caste person.

The best defence is due interpretation of word used/action taken, not worded/acted in public view. There is no need of presence of any general category person at the time of occurrence to constitute this offense. Any two persons is necessary.riven

Guest (Expert) 24 September 2009
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.09325226691, 09271971251
e.mail.adv.nbsawant@yahoo.co.in
e.mail.nandkumarbs@sify.com
REGARDING DEFENCE UNDER SC.ST ACT KINDLY NOTE THAT.
1THE CASE IS TO BE PROVED AS PER ANY EITHER SESSIONS CASE.
2.EACH AND EVERY DOCUMENT IS TO BE PROVED IN COURT.CAST CERTIFICATE PRODUCED BY COMPLAINENT IS TO BE PROVED IN COURT.
3.PERSONS BOTH SC.ST CAN NOT FILE COMPLAINT AGAINST EACH OTHER.
4.FROM CASE TO CASE DEFENCE DIFFERS.
KINDLY SEND DETAILS SO THAT IT WILL BE EASY TO GUIDE YOU
WITH BEST REGARDS TO YOU YOUR FAMILY AND FRIENDS.
THANKING YOU
YOURS SINCERELY
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE.riven

Adinath@Avinash Patil (Expert) 24 September 2009
Nandkumar,s reply is correct.riven

Bhumik Dave (Expert) 26 September 2009
The defence is differ from case to case. A sc / st person cant be an accused as per section 3 of said act.

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