Prevention of Atrocity Act

1. Every information relating to the commission of an offence under the Act, if given orally to an officer in-charge of a police station shall be reduced to writing by him or under his direction, and be read over to the informant, and every such information, whether given in writing or reduced to writing as aforesaid, shall be signed by the persons giving it, and the substance thereof shall be entered in a book to be maintained by that police station. 2. A copy of the information as so recorded under sub-rule (1) above shall be given forthwith, free of cost, to the informant. 3. Any person aggrieved by a refusal on the part of an officer in-charge of a police station to record the information referred to in sub-rule (1) may send the substance of such information, in writing and by post, to the Superintendent of Police concerned who after investigation either by himself or by a police officer not below the rank of Deputy Superintendent of Police, shall make an order in writing to the officer in-charge of the concerned police station to enter the substance of that information to be entered in the book to be maintained by the police station

Respected Sir,

The Section 3 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 states that "Whoever, not being a member of a Scheduled Caste or a Scheduled Tribe" means that the act files a complaint only against those who are not a member of a Scheduled Caste or Scheduled Tribe.

Hello sir, The Act excludes any member of SC and ST from punishments under section 3 of the Act. In Mahendra Bhatt Vs. State of Uttrakhand, the court held that the basic element needed to prosecute the Applicant i.e. to show that he did not belong to SC/ST was missing. Hence the offence under SC/ST Act could not sustain. Hope I was able to solve your query Thanks & regards Nihal

p;lease give facts of the case.  The opinion may differ.

Fact of case. 1)Victim (SC) and Accused (ST) were in love and later due to family pressure girl filed rape charges. 2) accused on bail went and used foul language against parents of girl, using derogatory remarks towards their caste. So question is PoA is applicable or not..as the complainant is SC while accused is ST