• Sc/st atrocity

How to collect evidence in SC/ST attrocity because non of the non SC/ST person will give evidence in this matter? Is it necessary to have evidence of non SC/ST person in this matter?
Asked 4 years ago in Constitutional Law from Udaipur, Rajasthan
1)lodge FIR in local police station . it has to be investigated by officer not below rank of DSP . it is non bailable offence with minimum 5 years imprisonment .

2) you would need staement of witness  to state that intentionally with intent to insult casteist and derogatory remarks were made by accused .  

3) further The Supreme Court has held that a person cannot be convicted for an offence under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989 for making casteist remarks against an SC or ST unless and until it is proved that the accused belongs to the upper caste.

A bench comprising Justices Arijit Pasayat, Mukundakam Sharma and H L Dattu, while setting aside the judgment of Bombay High Court which had quashed the FIR lodged by the petitioner Asha Bai Machindra Adhagale against the accused for abusing her in the name of her caste, said ‘it needs no reiteration that the FIR is not expected to be an encyclopedia.

‘As rightly contended by the learned counsel for the appellant whether the accused belongs to Scheduled Caste or Scheduled Tribe can be gone into when the matter is being investigated.

‘Under Section 23(1) of the Act, the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) rules, 1995 have been framed.

‘After ascertaining the facts during the course of investigation, it is open to the investigating officer to record that the accused either belongs to or does not belong to the SC/ST. After final opinion is formed, it is open to the court to either accept the same or take cognizance.’ The High Court had quashed the FIR only because the caste of the accused was not mentioned in it.
Ajay Sethi
Advocate, Mumbai
47766 Answers
2833 Consultations

5.0 on 5.0

If you have been humiliated on the basis of your caste then at first lodge a police complaint against the person who did this despicable act. Police will conduct its inquiry and then it may arrest him on the basis of your statement alone as law does not mandate that a person not being a SC/ST should also support your case.
Ashish Davessar
Advocate, Jaipur
23426 Answers
652 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer