amulyavidya (adv) 03 July 2010

Sc/st poa act1989

A case and counter case is registerd as a result of assualt between 2 political parties

in the counter case complainant belong to ST and among the accuseds 1person Belongs to ST ,other 2 belong to OBC (other backward class ).

A case is registered in police station based on oral complaint given by the injured person in the hospital. in his statement he gives complaint attracting 323,324,427,506,R/W 34ipc sections, he says assaulat was due to political enimity, nothing is said with refernce to atrocity

one of the injured who belongs to ST Dies because of injury sustained , Based on this again a written complaint is given in the police station , in that complaint 1 more accused name (he belongs to ST) is added saying that he cospirated the incidence hence 302, 120(B) ipc is added along with above sections

Now they want to add atrocity sections in that so that they get some benefits from social welfare department

my question is does atrocity act attract now as the 2 accused persons also belongs to ST (remaining 2 belongs to OBC)

kindly please clear my doubt

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2 Replies

legaljoe68 (member) 03 July 2010

Atrocity act is very clear , I am an ex central excise inspector and ha sfaced false atrocity act . The atrocity act says that the arrest should be within 60 days . Now who can arrest. AN officer not les than DSP or ACP and possibly belonging to SC/?ST. Try to find out whether public view is present . If the person has died , one has to check whether the assault was natural or made on caste considerations. u say that both parties had st /obc so there is no question of invoking atrocity act on the other parties . My arrest under atrocity act was against high court order of gujarat after 2 years and that was also wrong. The arrest was made just to satisfy social deptt show figures as I happen to be very high caste brahmin. if you want to save your self from this pass on the matter to DSP /ACP SC/ST cell

all the best

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Sanjeev Kuchhal (Publishers) 04 July 2010

Merely because the victim belongs to Scheduled Caste or the accused is upper caste Hindu, it does not follow that the offence punishable under section 3 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 would be made out unless it is alleged that the accused committed the offences because the victim belonged to the Scheduled Caste.

If the accused also belongs to the same caste as the complainant i.e. aggrieved person, the provisions of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act would not be attracted. For offence under the Atrocities Act it is necessary for complainant to disclose in the report that he belongs to the particular caste which is scheduled caste and it is also necessary to disclose that the accused does not belong to any scheduled caste or scheduled tribe.

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