The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015
The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015
0. Preamble
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THE SCHEDULED CASTES AND THE SCHEDULED TRIBES (PREVENTION OF ATROCITIES) AMENDMENT ACT, 2015
AN
ACT
to amend the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.
BEit enacted by Parliament in the Sixty-sixth Year ofthe Republic oflndia as follows:1. (/)This Act may be called the Scheduled Castes and the Scheduled Tribes (Preven-
Short title
tion ofAtrocities)AmendmentAct, 2015.
and commencement.
- (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.
2. In the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment
33 of I989. Act, 1989 (hereinafter referred to as the principal Act), in the long title, for th; words of long title. "Special Courts", the words "Special Courts and the Exclusive Special Courts" sLall be substituted.
128 (3)
128 (4)
3. Amendment of section 2.
In section 2 of the principal Act, in sub-section (/),-
- (i) after clause (b), the following clauses shall be inserted, namely:- '(bb) "dependent" means the spouse, children, parents, brother and sister of the victim, who are dependent wholly or mainly on such victim for his support and maintenance;
- (be) "economic boycott" means-
- (i) a refusal to deal \\ ith. work for hire or do business with other person; or
- (ii) to deny opportunities includingacce s to services orcontractual opportunities for rendering sen ice for cnns1deration: or
- (iii) to refuse to do an:1J,1~; or ,he ,e~s on \\h ch 1hings would be commonI: done 111 the ordin~ ccu--se of :,:.:.s -ess. o:
- (fr) to abstain from the professional or bus -ess re \\ould maintain " i1h Olher person: (bd) ·'Exclusive Special Court" means the Exclusive Special Court es1ab- lished under sub-section (/) of section 14 exclusively to try the offences under this Act;
- (be) "forest rights" shall have the meaning assigned to it in sub-section (/) ofsection 3 ofthe Scheduled Tribes and Other Traditional Fores1Dwellers (Recognition ofForest Rights) Act. 2006; 2 of 2007.
- (bf) "manual scavenger" shall have the meaning assigned to it in clause (g) ofsub-section(/) ofsection 2 ofthe Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013; 25 of 2013.
- (bg) "public servant·· means a public servant as defined under section 21 of the Indian Penal Code. as \, ell as an) other person deemed 10 be a public -15 of I860. servant under an) other la\\ for 1he 1ime bemg in force and includes :!n: oerson acting in his official capacit: under 1he Central Go,emmem or ,re late Government. as the case ma) be:·:
- (ii) after clause (e), the following clauses shall be inserted, namely:'(ea) "Schedule" means the Schedule appended to this Act; .(eb) "social boycott" means a refusal to permit a person to render to other person or receive from him any customary service or to abstain from social relations that one would maintain with other person or to isolate him from others:
- (ec) ..\ ictim.. means any indi\ idual ,,ho falls\\ ithin the definition of the '·Scheduled Castes and Scheduled Tribes·· under clause (c) ofsub-sectit:11 i) ofsection2. and who has suffered orexperienced ph:sical. mental. pS) chological, emotional or monetary harm or harm to his propert) as a result ofthe commission ofany offence under this Act and includes his relatives, legal guardian and legal heirs;
- (ed) "witness" means any person who is acquainted with the facts and circumstances. or is in possession ofany informationor has knowledge necessar: for the purpose of investigation, inquiry or trial ofany crime involving an offence under this Act, and who is or may be required to give information or '1.il-.e a statement or produce any document during investigation, inquir: or trial ofsuch case and mcludes a victim ofsuch offence;': •, 128 (5)
- (iii) for clause (j), the following clause shall be substituteg, namely:- "(}) the words and expressions used but not defined in this Act and defined in the Indian Penal Code, the Indian Evidence Act, 1872 or the Code ofCriminal Procedure, 1973, as the case may be, shall be deemed to have the meanings respectively assigned to them in those enactments.". 45 of 1860. I of 1872. 2 or 1974.
4. Amendment of section 3.
In section 3 ofthe principal Act,-
- (i) for sub-section(/), the following sub-section shall be substituted, namely:- '(/) Whoever, not being a member of a Scheduled Caste or a Scheduled Tribe,-
- (a) puts any inedible or obnoxious substance into the mouth of a member ofa Scheduled Caste or a Scheduled Tribe or forces such member to drink or eat such inedible or obnoxious substance;
- (b) dumps excreta, sewage, carcasses or any other obnoxious substance in premises, or at the entrance of the premises, occupied by a member ofa Scheduled Caste or a Scheduled Tribe;
- (c) with intent to cause injury, insult or annoyance to any member of a Scheduled Caste or a Scheduled Tribe, dumps excreta, waste matter, carcasses or any other obnoxious substance in his neighbourhood;
- (d) garlands with footwear or parades naked or semi-naked a member of a Scheduled Caste or a Scheduled Tribe:
- (e) forcibly commits on a member ofa Scheduled Caste or a Scheduled Tribe any act, such as removing clothes from the person, forcible tonsuring ofhead, removing moustaches, painting face or body or any other simil~r act, which is derogatory to human dignity;
- (j) wrongfully occupies or cultivates any land, owned by, or in the possession ofor allotted to, or notified by any competent authority to be allotted to, a member ofa Scheduled Caste or a Scheduled Tribe, or gets such land transferred;
- (g) wrongfully dispossesses a member of a Scheduled Caste or a Scheduled Tribe from his land orpremises or interferes with the enjoyment ofhis rights, including forest rights, over any land or premises or water or irrigation facilities or destroys the crops or takes away the produce therefrom. Explanation.-For the purposes of clause (j) and this clause, the expression ''wrongfully" includes-
- (A) against the person's will;
- (B) without the person's consent;
- (C) with the person's consent, where such consent has been obtained by putting the person, or any other person in whom the person is interested in fear ofdeath or ofhurt; or
- (D) fabricating records ofsuch land;
- (h) makes a member ofa Scheduled Caste or a Scheduled Tribe to do "begar" or other forms of forced or bonded labour other than any compulsory service for public purposes imposed by the: Government;
- (i) compels a member ofa Scheduled Caste or a SchcduIP:.l Tribe to dispose or carry human or animal carcasses, or to dig graves; 128 (6)
- (j) makes a member ofa Scheduled Caste ora Scheduled Tribe to do manual scavenging oremploys or permits the employment ofsuch member for such purpose;
- (k) performs, or promotes dedicating a Scheduled Caste or a Scheduled Tribe woman to a deity, idol, objectofworship, temple. orother religious institution as a devadasi or any other similar practice or permits aforementioned acts; (/) forces or intimidates or prevents a member of a Scheduled Caste or a Scheduled Tribe-
- (A) not to vote or to vote for a particular candidate or to vote in a manner other than that provided by law;
- (8) not to file a nomination as a candidate or to withdraw such nomination; or
- (C) not to propose or second the nomination ofa member ofa Scheduled Caste or a Scheduled Tribe as a candidate in anyelection; (m) forces or intimidates or obstructs a member ofa Schedull:d Caste or a Scheduled Tribe, who is a member ora Chairperson or a holder ofany other office of a Panchayat under Part IX of the Constitution or a Municipality under Part IXA of the Constitution. from performing their normal duties and functions;
- (n) after the poll, causes hurt or grievous hurt or assault or imposes or threatens to impose social or economic boycott upon a member of a Scheduled Caste or a Scheduled Tribe or prevents from availing benefits ofany public service which is due to him;
- (9) commits any offence under this Act against a member of a Scheduled Caste or a Scheduled Tribe for having voted or not having voted for a particular candidate or for having voted in a manner provided by law;
- (p) institutes false, malicious or vexatious suit or criminal or other legal proceedings against a member of a Scheduled Caste or a Scheduled Tribe;
- (q) gives any false or frivolous information to any public servant and thereby causes such public servant to use his lawful power to the injury or annoyance of a member of a Scheduled Caste or a Scheduled Tribe;
- (r) intentionally insults or intimidates with intent to humiliate a member ofa Scheduled Caste or a Scheduled Tribe in any place within public view;
- (s) abuses any member ofa Scheduled Caste or a Scheduled Tribe by caste name in any place within public view;
- (t) destroys. damages or defiles any object generally known to be . held sacred or in high esteem by members ofthe Scheduled Castes or the Scheduled Tribes. Explanation.-For the purposes of this clause, the expression "object" means and includes statue, photograph and portrait;
- (11) by words either written or spoken or by signs or by visible representation or otherwise promotes or attempts to promote feelings of enmity, hatred or ill-will against members of the Scheduled Castes or the Scheduled Tribes; 128 (7)
- (v) by words either written or spoken or by any other means disrespects any late person held in high esteem by members of the Scheduled Castes or the Scheduled Tribes;
- (w) (i) intentionally touches a woman belonging to a Scheduled Caste or a Scheduled Tribe, knowing that she belongs to a Scheduled Caste or a Scheduled Tribe, when such act of touching is of a sexual nature and is without the recipient's consent;
- (ii) uses words, acts or gestures ofa sexual nature towards a woman belonging to a Scheduled Caste or a Scheduled Tribe, knowing that she belongs to a Scheduled Caste or a Scheduled Tribe. Explanation.- For the purposes of sub-clause (i), the expression "consent" means an unequivocal voluntary agreement when the person by words, gestures, or any form of non-verbal communication, communicates willingness to participate in the specific act: Provided that a woman belonging to a Scheduled Caste or a Scheduled Tribe who does not offer physical resistance to any act of a sexual nature is not by reason only of that fact, is to be regarded as consenting to the sexual activity: Provided further that a woman's sexual history, including with the offender shall not imply consent or mitigate the offence;
- (x) corrupts or fouls the water ofany spring, reservoir or any other source ordinarily used by members of the Scheduled Castes or the Scheduled Tribes so as to render it less fit for the purpose for which it is ordinarily used;
- (y) denies a member ofa Scheduled Caste or a Scheduled Tribe any customary right of passage to a place of public resort or obstructs such member so as to prevent him from using or having access to a place of public resort to which other members ofpublic or any other section thereof have a right to use or access to;
- (z) forces or causes a member ofa Scheduled Caste or a Scheduled Tribe to leave his house, village or other place ofresidence: Provided that nothing contained in this clause shall apply to any action taken in discharge ofa public duty;
- (za) obstructs or prevents a member of a Scheduled Caste or a Scheduled Tribe in any manner with regard to-
- (A) using common property resources ofan area, or burial or cremation ground equally with others or using any river, stream, spring, well, tank, cistern, water-tap or other watering place, or any bathing ghat, any public conveyance, any road, or passage;
- (8) mounting or riding bicycles or motor cycles or wearing footwear or new clothes in public places or taking out wedding procession, or mounting a horse or any other vehicle during wedding processions;
- (C) entering any place ofworship which is open to the public or other persons professing the same religion or taking part in, or taking out, any religious, social or cultural processions including jatras;
- (D) entering any educational institution, hospital, dispensary, primary he?.lth ce;,tre. shop or pl:ice ofpublic entertainment or any 128 (8) ,. other public place; or using any utensils or articles meant for public use in any place open to the public; or • (£) practicing any profession or the carrying on of any occupation, trade or business or employment in anyjob which other members ofthe public, or any section thereof, have a right to use or have access to;
- (zb) causes physical harm or mentalagony ofa memberofa Scheduled Caste or a Scheduled Tribe on the allegation of practicing witchcrafi or being a witch; or
- (zc) imposes or threatens a social or economic boycott ofany person or a family or a group belonging to a Scheduled Caste or a Scheduled Tribe, shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to five years and with fine.';
- (ii) in sub-section (2),-
- (a) in clause (v), for the words '"or the ground that such pt:rson is a member ofa Scheduled Caste or a Schcdul, d Tribe or such property belongs to such member'', the words "knowing that suc:i person is ; member ofa Scheduled Caste or a Scheduled Tribe or such property helongs to such member'' shall be substituted;
- (b) after clause (v), the following clause shall be inserted, namely:- "(va) commits any offence specified in the Schedule,against a person or property, knowing that such person is a member ofa Scheduled Caste or a Scheduled Tribe or such property belongs to such member, shall be punishable with such punishment as specified under the Indian Penal Code for such offences and shall also be liable to fine.". ,15 or IHl,O.
5. Forsection4 ofthe principal Act, the following section shall besubstituted, namely:-
Sul,stitution of new section for section 4.
"4. (/) Whoever, being a public servant but not being a member ofa Scheduled Caste or a Scheduled Tribe, wilfully neglects his duties required to be perfonned by him under thisAct and the rules made thereunder. shall be punishable with imprisonment for a term which shall not be less than six m0nths but which may extend to one year.
Punishment for neglect of duties.
- (2) The duties ofpublic servant referred to in sub-section(!) shall include-
- (a) to read out to an informant the information given orally, and reduced to writing by the officer in charge ofthe police station, before taking the signature ofthe informant;
- (b) to register a complaint or a First Information Report under this Actand other relevant provisions and to register it under appropriate SC{:tions of this Act;
- (c) to furnish a copy of the information so recorded forthwith to the informant;
- (d) to record the statement ofthe victims or witnesses;
- (e) to conduct the investigation and file charge sheet in the Special Court or the Exclusive Special Court within a period ofsixty days, and to explain the delay ifany, in writing;
- (j) to correctly prepare, frame and translate any don:ment or electronic reco~d; tfafi~ll~ ~ . ~ 23 ~ 2016 128 (9) (.~) 10 perform any other duty specified in this Act or Hle rules made thereunder: Provided that the charges in this regard against the public servant shall be booked on the recommendation ofan administrative enquiry.
- (J) The cognizance in respect of any dereliction of duty referred to in sub-section (2) by a public servant shall be taken by the Special Court or the Exclusive Special Court and shall give direction for penal proceedings against such public servant.".
6. In section 8 of the principal Act,-
- (i) in clause (a). for the words ·'any financial assistance to a person accused of', the words "any financial assistance in relation to the offences committed by a person accused of" shall he substituted;
- (ii) aIler clause (h), the following clause shall be inserted, namely:- "(C') the accused was having personal knowledge of the victim or his ramily, the Court shall rresume that the accused was aware ofthe caste or tribal identity of the victim. unless the contrary is proved.".
7. In section 10 of the prim:ipal /\ct, in suh-seclion (/),
- (u) atkr the words and figures "article 244 or the Constitution", the words, brackets and figures "or any area identified under the provisions orclause (vii) ofsubsection (2) ofsection 21 " shall be inserted;
- (h) for the words "two years''. the words "three years" shall be substituted.
8. For section 14 of the principal Act. the following section shall be substituted,
Amendment of section 8.
Amendment of section 10.
Substitution or new
namely:-
section for section 14.
"14. ( /) r-or the purpose of providing for speedy r,-ial, the State Government shall, with the concurrence ofthe ChiefJustice ofthe High Court, by notification in the Official Gazette, establish an Exclusive Special Court for one or more Districts:
Special Court and Exclusive Special Court.
Provided that in Districts where less number ofcases under this Act is recorded, the State Government shall, with the concurrence of the Chief Justice of the High Court, by notification in the Official Gazette, specify for such Districts, the Court of Session to be a Special Court to try the offences under this Ac_t:
Provided rurthcr that the Courts so established or specified shall have power to directly lake cognizance oroflcnccs under this Act.
- (2) It shall be the duty ofthe State Government to establish adequate number of Courts to ensure that cases under this Act are disposed of within a period of two months, as far as possi~le.
- (J) In every trial in the Special Court or the Exclusive Special Court, the proceedings shall be continued from day-to-day until all the witnesses in attendance have beenexamined, unless the SpecialCourt or the Exclusive SpecialCourt finds the adjournment or the same beyond the following day to be necessary for reasons to be recorded in writing: Provided that when the trial relates to an offence under this Act, the trial shall, as far as possible, be completed within a period oftwo months from the date offiling of the charge sheet.". 128 (10) Insertion of new section
9. Aftersection 14 ofthe principal Act, the followingsection shall be inserte_d, namely:-
" 14A. (/) Notwithstanding anything contained in the Code of Criminal Procedure,1973,an appeal shall lie, from anyjudgmenl, sentence ororder, not being an 2 of 1974. interlocutory order, of a Special Court or an Exclusive Special Cou11, to thc 11 ighCourt both on facts and on law.
- (2) Notwithstanding anything contained in sub-section (J) ofsection 378 of the Code ofCriminal Procedure, 1973, an appeal shall lie to the HighCourt against anorder 2 or I'174 ofthe Special Court or the Exclusive Special Court granting or refusing bail.
- (J) Notwithstanding anything contained in any ot~r law for the time being in force, every appeal under this section shall be preferred within a period ofninety days from the date ofrhe judgment, sentence or order appealed from: Provided that the HighCourt may entertain an appeal aflcr the expiry ofthe said period of ninety days if it is satisfied that thc arpellant had sufficient cause for not preferring the <1ppeal within the period ofninety days: Provided further that no appealshall be entt:rtained after the expiryofthc period of one hundred and eighty days.
- (4) Every appeal preferred under sub-sectio ; (/) shall, as far as possible, be disposed ofwirhin a period ofthree months from the cate of admission ofthe appeal.".
10. For section 15 of the principal Act, the following section shall be substituted,
14A.
Appeals.
Substilutiun of
new section for
namely:-
section 1,.
Special Publi;; Prosecuu,r and E~~l~:,i•.T Pub-
" I5 (/) For every Special Court, the State Government shal I, by notiIication in the Official Gazette, specify a Public Prosecutor or appoint an advocale who has been in practice as anadvocate for not less than sevenyears, as a Special Publi_c Prosecutor for the purpose ofconducting cases in that Court.
lic Pro:i:ccutvr
- (2) For every Exclusive Special Court, the State Government shall, by notification in the Official Gazette, specify an Exclusive Special Public Prosecutor or appoint an advocate who has been in practice as an advocate for not less than seven years, as an Exclusive Srecial Public Prosecutor for the purpose ofconducting cases in that Court.". Insertion of new Chapter IV.A I1. After Chapter IV of the principal Act, the following Chapter shall be inserted, namely:- "CHAPTER !VA RIGHTS OF VICTIMS AND WITNESSES Rights.of victims and witnesses. ISA.(/) It shall be the duty and responsibility ofthe State to make arrangements for the protection of victims, their dependents, and witnesses against any kind of intimidation or coercion or inducement or violence or threats ofviolence.
- (2) A victim shall be treated with fairness, respect and dignity and with due regard to any special need that arises because of the victim's age or gender or educational disadvantage or poverty.
- (3) A victim or his dependent shall have the right to reasonable, accurate, and timely notice ofany Court proceeding including any bail proceeding and the Special Public Prosecutor orthe State Government shall inform the victim about any proceedings under this Act.
- (4) Avictim or his dependentshall have the right to applyto the Special Court or the Exclusive Special Court, as the case may be, to summon parties for production of any documents or matcn.:.i, witnesses or examine the persons present. 128(11)
- (5) A victim or his dependent shall be entitled to be heard at. any proceeding under this Act in respect ofbail, discharge, release, parole, conviction or sentence of an accused or any connected proceedings or arguments and file written submission on conviction, acquittal or sentencing.
- (6) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, the Special Court or the Exclusive Special Court trying a case under thisAct shall provide to a victim, his dependent, informant or witnesses-
- (a) the complete protection to secure the ends ofjustice;
- (b) the travelling and maintenance expenses during investigation, inquiry and trial;
- (c) the social-economic rehabilitation during investigation, inquiry and trial; and
- (d) relocation.
- (7) The State shall inform the concerned Special Court or the Exclusive Special Court about the protection provided to any victim or his dependent, infom1ant or witnesses and such Court shall periodically review the protection being offered and pass appropriate orders.
- (8) Without prejudice to the generality ofthe provisions of sub-section (6), the concerned Special Court or the Exclusive Speciai Court may, on an application made by a victim or his dependent, informant or witness in any proceedings before it or by the Special Pub!ic Prosecutor in relation to such victim, informant or witness or on its own motion, take such measures including- 2 of 1974.
- (a) concealing the names and addresses of the witnesses in its orders or judgments or in any records ofthe case accessible to the public;
- (b) issuing directions for non-disclosure ofthe identity and addresses of the witnesses;
- (c) take immediate action in respect ofany complaint relatingto harassment ofa victim, informant or witness and on the same day, ifnecessary, pass appropriate orders for protection: Provided that inquiry or investigation into the complaint received under clause (c) shall be tried separately from the main case by such Court and concluded within a period oftwo months from the date ofreceiptofthe complaint: Provided further that where the complaint under clause (c) is against any public servant, the Court shall restrain such public servant from interfering with the victim, infonnant or witness,_as the case may be, in any matter related or unrelated to the pending case, except with the permission ofthe Court.
- (9) It shall be the duty ofthe Investigating Of1icer and the Station House Officer to record thecomplaint ofvictim, informant or witnesses against any kind ofintimidation, coercion or inducement or violence or threats ofviolence, whether given orally or in writing, and a photocopy ofthe First Information Report shall be immediately given to them at free ofcost. ( I0) All proceedings relating to offences under thisAct shall be video recorded. (I I) It shall be the duty ofthe concerned State to specify an appropriate scheme to ensure implementation of the following rights and entitlements of victims and witnesses in accessing justice so as-
- (a) to provide a copy of the recorded First Information Repon at free of cost; 128 (12)
- (b) to provide immediate reliefin cash or in kind to atrocity victims or their dependents;
- (c) to provide necessary protection to the atrocity victims or their dependents, and witnesses;
- (d) to provide relief in respect of death or injury or damage to property;
- (e) to arrange food or water orclothing orshelteror medical aid or transport facilities or daily allowances to victims;
- (j) to provide the maintenance expenses to the atrocity victims and their dependents;
- (g) to provide the information about the rights of atrocity victims at the time ofmaking complaints and registering the First Information Report;
- (h) to provide the protection to atrocity victims or their dependents and witnesses from intimidation and harassment;
- (i) to provide the information to atrocity victims or their dependents or associated organis~tions or individuals, on the status ofinvestigation and charge sheet and to provide copy of the charge sheet at free of cost;
- (j) to take necessary precautions at the time ofmedical examination;
- (k) to provide information to atrocity victims or their dependents or associated organisations or individuals, regarding the relief amount; (/) to provide information to atrocity victims or their dependents or associated organisations or individuals, in advance about the dates and place of investigation and trial;
- (m) to give adequate briefing on the case and preparation for trial to atrocity victims or their dependents or associated organisations or individuals and to provide the legal aid for the said purpose;
- (n) to execute the rights of atrocity victims or their dependents or associated organisations or individuals at every stage ofthe proceedings under this Act and to provide the necessary assistance for the execution of the rights. (I2) It shall be the right of the atrocity victims or their dependents, to take assistance from the Non-Government Organisations, social workers or advocates.".
12. After section 23 of the principal Act, the following Schedule shall be inse11ed. namely:-
Insertion of
new Schedule.
"THE SCHEDULE [See section 3(2) (va)]
Name of offence and punishment
Section under the Indian Penal Code
Definition ofcriminal conspiracy. Punishment ofcriminal conspiracy. Unlawful assembly. Being member ofunlawful assembly.
120A 1208
128 (13)
Section under the Name ofoffence and punishment Indian Penal Code
143 Punishment for unlawful assembly. 144 Joining unlawful assembly armed with deadly weapon. 145 Joining or continuing in unlawful assembly, knowing it has been
- • commanded to disperse. 146 Rioting. 147 Punishment for rioting. 148 Rioting, armed with deadly weapon. 217 Public servant disobeying direction oflaw with intent to save person from punishmentor property from forfeiture. Hurt. Grievous hurt. Punishment for voluntarily causing hurt. Voluntarily causing hurt by dangerous weapons or means. Punishment for voluntarily causing grievous hurt. Voluntarily throwing or attempting to throw acid. Voluntarily causing hurt to deter public servant from his duty. Punishment for wrongful restraint. Assault or criminal force to woman with intent to outrage her modesty. Sexual harassment and punishment for sexual harassment. Assault or use ofcriminal force to woman with intent to disrobe. Voyeurism. Stalking. Kidnapping. Punishment for kidnapping. Kidnapping or abducting with intent secretly and wrongfully tb confine person. Sexual intercourse by husband upon his wife during separation. Sexual intercourse by a person in authority. Punishment for criminal trespass. Punishment for criminal intimidation. Word, gesture or act intended to insult the modesty of a woman.". 325 3268 354A 3548 354C 354D 359 363 3768 376C 447 12S(I4) Repeal and saving. 13. (/) The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Ordinance, 20 14 is hereby repealed. Ord. I of 2014.
- (2) Notwithstanding such repeal, anything done or any action taken under the principal Act, as amended by the said Ordinance, shall be deemed to have been done or taken under the corresponding provisions of the principal Act, as amended by this Act.
1. Short title and commencement.
(1) This Act may be called the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015. (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.
11. Insertion of new Chapter IVA.
After Chapter IV of the principal Act, the following Chapter shall be inserted, namely:-"CHAPTER IVA RIGHTS OF VICTIMS AND WITNESSES 15A. (1) It shall be the duty and responsibility of the State to make arrangements for the protection of victims, their dependents, and witnesses against any kind of intimidation or coercion or inducement or violence or threats of violence.(2) A victim shall be treated with fairness, respect and dignity and with due regard to any special need that arises because of the victim's age or gender or educational disadvantage or poverty.(3) A victim or his dependent shall have the right to reasonable, accurate, and timely notice of any Court proceeding including any bail proceeding and the Special Public Prosecutor or the State Government shall inform the victim about any proceedings under this Act.(4) A victim or his dependent shall have the right to apply to the Special Court or the Exclusive Special Court, as the case may be, to summon parties for production of any documents or material, witnesses or examine the persons present.
13. Repeal and saving
(1) The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Ordinance 2014 is hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken under the principal Act, as amended by the said Ordinance, shall be deemed to have been done or taken under the corresponding provisions of the principal Act, as amended by this Act.
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