Hello , What happens when a SC/ST person alleges false atrocity against us we being in Open caste ? On what grounds is it proven when the person complaining holds no valid evidence ( Recordings , letters ) ? Regards,
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In case any complaint is filed by SC/ST assistant commissioner of police is to carry out investigations consider all evidence on record and submit report within period of 30 days
2) you can apply for and obtain ABfrom
Sessions court
3) 2) It is a well-established principle that the evidence of the complainant alone shall be sufficient for laying the charge sheet in the Court if it is capable of inspiring the confidence of the court
A person facing charges under the SC/ST (Prevention of Atrocities) Act cannot be granted anticipatory bail until it was proved that no case was made out against him and the allegations were false, the Supreme Court has held.
referred to its earlier verdict in the "Vilas Pandurang Pawar and Anr Vs state of Maharashtra and Ors" in 2012, stating that Section 18 of the Act created "a specific bar to the grant of anticipatory bail to a person against whom any offence is registered under the provisions of the Act and, therefore no court shall entertain an application for anticipatory bail unless it, prima facie, finds that an offence under the Act is not made out."
"We find that Section 18 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1984, provides that nothing in Section 438 (provisions relating to anticipatory bail) of the Criminal Procedure Code shall apply in relation to any case involving the arrest of any person on an accusation of having committed an offence under this Act," the bench said. -
To prove any criminal charge in the court you require evidence. The onus to prove guilt is on the person who levels the accusation. You can file a criminal complaint for defamation apart from a suit to claim damages on account of the false accusations.
