Chandigarh act 001 of 2016 : The SCHEDULED CASTES(PREVED CASTES AND THE SCHEDULED TRIBESNTION OF ATROCITIES) AMENDMENT Act 2015

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  • Department of Social Welfare
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F.No.16/5/2016-CP&R Government of India Ministry of Tribal Affairs

******

Shastri Bhawan, New Delhi Dated: 18.2.2016

1. The Chief Secretaries of all State Governments (except Jammu & Kashmir)

2. The Administrator of all Union Territories. Subject: -

The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 (1 of 2016) - regarding.

Sir/Madam, As you are aware that the Article 17 of the Constitution of India abolished 'untouchability', forbade its practice in any form and made enforcement of any disability arising out of untouchability as on offence punishable in accordance with the law. An Act of Parliament namely the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) {PoA} Act, 1989, to give effect to the provisions of Article 17 of the Constitution was enacted for preventing atrocities against embers of Scheduled Tribes, to provide for Special Courts for the tri",l of such offences as well as relief and rehabilitation of the victims of atrocities. The PoA Act extends to the whole of India except Jammu and Kashmir, and responsibility for its implementation rests with State Governments.

2. The complaints / allegation of atrocities despite, provisions of the enabling Act against the members of Scheduled Tribes (STs) is matter of concern. The Act has accordingly been strengthened to make the relevant provisions of the Act more effective. Based on the consultation process with all the stakeholders, amendments in the PoA Act were proposed to broadly cover five areas namely (i) Amendments to Chapter II (Offences of Atrocities) to include new definitions, new offences, to re-phrase existing sections and expand the scope of presumptions, (ii) Institutional Strengthening,

(iii) Appeals (a new section), (iv) Establishing Rights of Victims and Witnesses (a new chapter) and (v) strengthening preventive measures. The objective of these amendments in the PoA Act is to deliver members of STs, a greater justice as well as be an enhanced deterrent to the offenders. The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 (No.1 of 2016) has been notified in the Gazette of India Extraordinary on 01.01.2016. In view of its sub-section (2) of

1

section (1), the Central Government has appointed 26.01.2016 as the date of enforcement of the Amendment Act, notified in the Gazelle of India, Extraordinary, on 18.01.2016. The copies of the gazelle notifications issued in this regard are appended.

3. You are requested to apprise your concerned offices/agencies for information and action accordingly.

~

(Mano· mar Pingua)

Joint Secretary to the overnment of India Copy to:-

(i) Tribal Welfare Departments of all the States and Union Territories for necessary action.

(ii) Secretary, National Commission for Schedule Tribes. New Delhi.

(iii) Managing Director, TRIFED, New Delhi.

(iv) CMD, NSTFDC, New Delhi. ~ NIC for uploading in website of MoTA.

2

~ 'lCio ito l§!o-33004/99 REGD. NO. D. L.-33004/99 3ffifUTnlT

EXTRAORDINARY

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NEW DELHI, MONDAY, JANUARY 18, 20161 PAUSA 28,1937

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MINISTRY OF SOCIAL JUSTICE AND EMPOWERMENT

(Deparlment of Social Justice and Empowerment)

NOTIFICATION

New Delhi, the 18th January, 2016 S.O. 152(E).-ln exercise of the powers conferred by sub-section (2) of section 1 of the Scheduled Castes and the SCheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 (I of 2016), the Central Government hereby appoints the 26'" day of January, 2016 as the date on which the provisions of the said Act shall come into force.

[No. 11012/l12002-PCR (Desk)]

AINDRI ANURAG, Jt. Secy.

257 Gl/2016 -------------------------

Printed by the Manager, Government of fndia Pre~s, Ring Road, Mayapuri, New Delhi·ll 0064 and Published by the Controller of Publications, Delhj~1I0054.

3

~ -,to cit o l«ilo_(1l;l) 4/000712003-16 REGISTERED NO. DL-(N)U4/0007/2003-16 C3fi1

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E:\.'TRAORDINARY

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PART II - Section 1

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PUBLISHED BY AUTHORITY

* 1] fr{~, ~,~ I, 2016/-q'rq 11, 1937 ('IT'f» No.1] NEW DErHI, FRIDAY, JANUARY 1, 2016/PAUSHA 11, 1937 (SAKA) ~ 'lJTTT if JiA~~ ,;r omit %fum\ f

INISTRY OF LAW AND JUSTICE

(Legislative Department) New Delhi, the IstJanuary, 20I61Pausha 11, 1937 (Saka) The follov'iing ct of Parliament received the assent of the President on the 315t December, 2015. a d is hereby published for general information:-

THESCHED·

(PREV

ED CASTES AND THE SCHEDULED TRIBES

NTION OF ATROCITIES) AMENDMENT

ACT, 2015

No. I of20l6 [31sl December, 2015.] An Act to amend tl e Scheduled Castes and the Scheduled Tribes (Prevention ofAtrocities) Act, 1989.

BE it enacted by P trliament in the Sixty-sixth Ye,u' of the Republjc of India as foJ(ows:-

1. (1) This Act 1ay be caBeu the Scheuuleu Castes and the Scheduled Tribes (Prevention ofAtrociti ') Amendment Act, 2015.

Short title

and com-

mencement.

33 of 1989,

(2) It shall come i to force on such date as the Central Govel11ment may, by notification in the Official Gazette, . ppoint.

2. In the Schedtled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter r fen'ed to as the principal Act), Ln the long title, for the words "Special Courts", the \l,/ords "Special Courts and the Exclusive Special Courts" shall be substituted. Amenument

of long title.

4

2 THEGAZETIEOFINDIAEXTRAORDINARY [PART II- Amendment

of section 2.

3. In section 2 of the principal Act, in sub-section (1),-

(i) after clause (b), the following clauses shall be inserted, amely:-

'(bb) "dependent" means the spouse, children. parens, brother and sister of the victim, who are dependent wholly or mainly on such, .dim for his support and maintenance;

(be) "economic boycott" means-

(i) a refusal to deal with, work for hire or do business with other person: or

Ui) to deny opportunities induding access to se ·vices or contractual opportunities

for rendering service for consideration or

(iii) to refuse to do anything on the terms on w ich things would be commonly done in the ordinary course of business; r (ill) to abstain from the professional or busine s relations that one would maintain with other person;

(bd) "Exclusive Special Court" means the Exclu ive Special Court established under sub-section (1) of section 14 exclusive! to try the offences under this Act;

(be) "forest rights" shall have the meaning assigned to it in sub-section

(I) of section 3 of the Scheduled Tribes and Other Tradirional Forest Dwellers (Recognition of Forest Rights) Act, 2006; 2 of 2otJ7.

(b]) "manual scavenger" shall have the meaning ass gned to it in clause

(g) of sub~section (1) of section 2 of the Prohibition of Em layment as Manual Scavengers and their Rehabilitation Act, 2013; 25 of 2013. (bg) "public servant" means a public servant as defi ed under section 21 of the Indian Penal Code. as well as any other person de med to be a public 45 of 1860. servant uncler any other law for the time being in force and nclucles any person acting in his official capacity under the Central Gove ment or the State Government, as the case may be;':

Ui) after clause (e), the following clauses shall be inserted, amely:-

'(ea) "Schedule" means the Schedule appended to tl is Act:

(eb) "social boycott" means a refusal to permit a pers n to render to other person or receive from him any customary service or to . hstain from social relations that one would maintain with other person or a isolate him from others;

(ec) "victim" means any individual who falls within he definition of the

"Scheduled Castes and Scheduled Tribes" under clause ( ) of sub-section (f) of section 2, and who has suffered or expelienced physical. m mal, psychological. emotional or monetary hallll or halllllo hi~ properly a~ a res: t oCthe commission of any offence under this Act and includes his relatives, leg' I guardian and legal heirs;

(ed) "witness" means any perSOll who is acquaintel with the facts and circumstances, or is in possession of any jnformation or has nowledge necessary for the purpose of investigation, inquiry or tlial of any crime nvolving an offence under this Act, ::md who is or Illay be required to give inf rmation or make a stalement or produce

5

SEC. l] HE GAZEITE OF lNDIAEXTRAORDlNARY 3 45 of 1860.

[ of 1872.

1 of 1974.

(iii) for cla se (j), the following clause shall be substituted, namely:-

"if) t le words and expressions used but not defined in this Act and defined in the Indi< n Penal Code, the Indian Evidence Act, 1872 or the Code ofCliminal Procedure, 1973, as the case may be, shaH be deemed to have the meanings respective! assigned to them in those enactments.".

4. III section 3 of the principal Act,-

(i) for sub- ectioo (1), the following sub-section shall be substituted. namely:-

'(1) hoever, not being a member of a Scheduled Caste or a Scheduled Tribe,~

(a) puts any inedible or obnoxious substance into the mouth of a men bel' of a Scheduled Caste or a Scheduled Tribe or forces such member to eli' nk or eat such inedible or obnoxious substance;

(b) dumps excreta, sewage, carcasses or any other obnoxious subs ance in premises. or at the entrance of the premises, occupied by a men bel' of a Scheduled Caste or a Scheduled Tribe;

(c) with intent to cause injury, insult or annoyance to any memberof a Sc leduled Caste or a Scheduled Ttibe, dumps excreta, waste maHer, carc'sses or any other obnoxious substance in his neighbourhood;

(d) garlands with footwear or parades naked or semi-naked a member of a checluled Caste or a Scheduled Tribe;

(e) forcibly commits 011 a member of a Scheduled Caste or a Scheduled Ttib any act, such as removing clothes from the person, forcible tonsllfing of h ad, removing moustaches, painting face or body or any other similar act, hich is derogatory to human dignity;

(j) wrongfully occupies or cultivates any land, owned by, or in the pass ssion of or allotted to, or notified by any competent authority to be allot ed to, a member of a Scheduled Caste or a Scheduled Tribe, or gets such land transfelTed;

(g) wrongfully dispossesses a member of a Scheduled Caste or a Sch duled Tlibe from his landor premises or interferes with the enjoyment ufhi . rights. including forest rights, over any Janel or premises or water or irrig ition facilities or destroys the crops or takes away the produce ther from.

Exp/WlQfion.-For the purposes of clause (f) and tillS clause, the expr ssion "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 ,"vhorn the person is interested in fear of death or of hurt; or

(D) rabricating records of such land;

(II) mukes a memberof a Scheduled Caste or a Scheduled Tribe to do

"be ar" or other rorms of forced or bonded labour other than any com uisory service for public purposes imposed by the Government;

(i) compels a member of a Scheduled Caste or a Scheduled Tribe to disp f.ie or carry human or animal carcasses, or to dig graves; Amendment

of section 3.

6

4 THE GAZElTE OF INDIA EXTRAORDINARY lPARTlJ-

(j) makes a member of a Scheduled Caste or a S heduled Tribe to do manual scavenging or employs or permits the employ ent of such member for such purpose;

(k) performs, or promotes dedicating a Sc cduled Caste or a Schedule.d Tribe woman to a deity, idol. object ofwors ip, temple. orother religious institution as a del'Cldasi or :lny other simila practice or permits aforementioned acts:

(I) forces or intimidates or prevents a member 0 a Scheduled Caste or a Scheduled Tribe-

(A) not to vote or to votc for a particular andidate or to vote in a manner other than that provided by law; (ll) not to file a nomination as a candidate r to withdraw such nomination; or

(C) not to propose or second the norninati f] of a member of a Scheduled Caste or a Scheduled Tribe as a candi ate in any election;

(m) forces or intimidates Of obstruClli a member f a Scheduled Caste or a Scheduled Tribe, who is a member or a Chairpers n or a holderof any other office of a Panchayat uncleI' Part IX of the Constitulion or a Municipality uncleI' Part IXA of the Constitution, fr0i1m performing their normal duties and n.mctions;

(n) after the poll. causes hUrl or grievous hurt or assault or imposes or threatens to impose sodal or economic boycott u on a member of a Scheduled Caste or a Scheduled Tribe or prevents fr m availing bencfilS of any public service which is due to him;

(0) COmmiL"i any offence under lhis Act agai 5t a member of a Scheduled Caste or a Scheduled Tribe for having v ted or 110t hewing voted for a particular candidate or for having voted in a manner provided by law:

(p) institutes false. malicious or vexatious suit r criminal or other legal proceedings against a member of a Scheduled C lste or a Scheduled Tribe;

(q) gives any false or frivolous inforrnalion to any public servant and thereby causes such public servant to use his 1 wful power to the injury or annoyance of a member ofaScheduled C, steoraScheduled Tribe;

(r) ilHentionally insults or intimidates with in em to humiliate a member ofaScheduled Caste oraScheduled Tribe Inanyplace within public vlcw:

(5) abuses any member of a Scheduled Caste 0 a Scheduled Tribe by caste name in any place wilhin public view;

(I) destroys. damages or defiles l.Iny object gen rally known to be held sacred or in high esteem by members of the Sl:he uled C,\stes or the Scheduled Tribes.

Explalllltiull.-For the purposes of this clau e. the expression

"object" means and includes statue. photograph and rtrait:

(u) by words either written or spoken or by igns or by visible representation or otherwise promotes or attempts to mmote feelings of enmity, hatreJ or ill-will against members of the Sl.:hc fuled Casles or the Scheduled Tribes:

7

SEC. I] }ffiGAZEITE OF INDIA EXTRAORDINARY5

(v) by words either written or spoken or by any other means disr I peets an)' late person held in high esteem by members of the Sehe uled Castes or the Scheduled Tribes;

(1\1) (i) intentionally touches a woman belonging to a Scheduled Cast or a Scheduled Tribe. knowing that she belongs to a Scheduled Cast or a Scheduled Tlibe, when such act or touching is or a sexual natUlc and is without the recipient's cunsent;

(ii)

uses words, acts or gestures of a sexual nature towards a woman helOt ging to a Scheduled Caste or a Scheduled Tribe, knowing that she belOlre.S 10 a Scheduled Caste or a Scheduled Tribe. Explananoll.-For the purposes of sub-clause (f), the expressIOn

"confe"f' means an unequivocal voluntary agreement when the person by \lords, gestures. ur any form of non-verbal communication, com unicates willingness to participate in the specific act:

Provided that a woman belonging to a Scheduled Caste or a SCh~uled Tribe who does not offer physical resistance to any act of a sexu Inature is notbyreason only of that fact, is toberegarded as cons nling to thesexual activity:

Provided further that a woman's sexual history, including with the oHel der shall not imply consent or mitigate the offence;

(x) corrupts or fouls the water of any spring, reservoir or any other sour e ordinarily used by members of the Scheduled Castes or the Sch uled Tribes so as to render it I~ss tit for the purpose for which it is oreli arily used:

(y) denies a member of a Scheduled Caste or a Scheduled Tlibe any Cllst mary right of passage to a place of public resoll or obstructs such men

bel' so as to prevent him from using or having access to a place of publ c resort to which other members of public or any other section thereof hav a right to use or access to:

(z) forces or causes .t member of a S\:heduled Caste or a Scheduled Trib to leave his house, village or other place of residence:

Provided thal nothing contained in this clause shall apply to any acti Dlukenindischargeofupublic duty;

(<:(1) obstructs or prevents a member of a Scheduled Caste or a Sell dulcd Tribe in any manner with regard to--

(A) using common properlY resources of an area, or burial or cremation ground equaUy with others or using any river, stream, spring, well, tank, cistern, water-tap or other watering place, or any bathing

ghat,anypublic 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 of worship ....,hich 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 ja/ras;

(D) entering any educational institution, hospital, dispensary, primary health centre, shop or place of publ ic entertainment or any

8

6 THE GAZETIE OF INDIA EXTRAORDINARY] [PARTn- Suhstitution of

new SCl;tion

for section 4.

other public place; or using any utensils or articles meant for public use in any place open to the public: or

(E) practicing any profession or thelCarrYillg on of any occupation, trade or business or employment ih any job which other members of the public, or any section thereof,!haVe a right to use or ha ve access to;

(z/J) causes physical harm or mental ugony oL.lITJember of a Scheduled Caste oraScheduled Tribe011the allegation of pr

(zc) imposes or threatens a s

shall be punishable with imprisonment for a term which sha I not be less than six months hut which may extend to five years and with fine.'

(ii) in stlb~section (2),-

(a) in clause (v), for the words "on the. ground th~l such person is a member of a Scheduled Caste or a Scheduled Tribe or sllchlPropcrry belongs to such member", the words "knowing that such person is a member of a Scheduled Caste or a Scheduled Tribe or such property b~longs to sU9h member" shall be substituted: I

(b) after clause (~'). the following clause shall be inserted, namely:-

"(Fa) commits any offence specified in the SChedlJle, against a person or property, knowing that sut:h person is amember ot aScheduled Caste or" Scheduled Tribe or such property belongs to SliC/l member, shall be punishable with such punishment as specified under the Indian Penal Code for such offences and shall also be liable to lin4". 45 of 1860.

5. For section 4 of the ptincipal Act, the following section shall be su~stituted, namely:-

Punishment

for neglect of

duties.

"4. (I) Whoever, being a public servant but not being a melllber of a Scheduled Caste or a Scheduled Tribe, wilfully neglects his duties required to be pCliolll1ed by him under this Act and the rules made thereunder, shall be punishable]with imprisonment for aterm which sha.1I not be less th::m six months but which m<.lY ixtend to one year.

(2) The Juties of public servant referred to in sllb~section (lr shall indude-

(a) to read out to an inl"onnant the information given or111Y. and reduced LO writing by the officer in charge of the poliL:c station. before t king lhe signature of the informam;

I

(I) to correctly prepare, frame and translate any docUll1ent or electronic record: I

I

I

I

I

I

(b) to register [\ complaint or a Firsl Information Reportlullder this Act and other relevant provisions and to regis[er it under appropriate sections of this Act; 1

(c) to furnish a copy of the information so recorde1 forthwith to the informant; I

(d) to record the statemenl of the victims or witnesses;1

(e) to conduct the investigation and file charge sheet in the Special Court or the Exclusive Special Court within a period of sixty days.lllld to explain the delay irany, in writing;

9

SEC. I] GAZEITEOF INDIA EXTRAORDINARY 7

(g) t perform any other duty specified in this Act or the rules made thereunder:

Provi1

cd that the charges in this regard against the public servant shall be booked on he recommendation of an administrative enquiry.

(3) The c gnizance in respect of any dereliction of duty referred to in sub-section (2) b 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 he principal Acl,-

(i) in c1aus~ (a), for the words "any financial assistance to a person accused of', the words "~ny ffanCi31 as.sistance in rchHion to the olTences commlt1ed by a person accused of" shal be SubSllluted;

(ii) after cI use (b), the following clause shall be inserted. namely:-

"(c) le accused was having personal knowledge of the vJctim or his family. the1rourt shall presume that the accused was aware of the caste or tribal identity of he victim, unless the contrary is proved.".

7. In section 10 o'the principal Act, in sub-section (1),-

(a) after the words and figures "article 244 of the Constitution". the words, brackets and fig res "or any area identified under the provisions or clause (vii) or sub-section (2) 0 . SCJ;tioll 21" shall be inserted:

(b) for the vords "two YCJrs", the words "three years" shall be substituted. Amendment

of secliun 8.

AIl1~ndll1cnt

of !\cction 10.

8. For section namely:-

of the principal Act. the following section shall be substituted. Substitution of new

SCl;tion for

scuion 14.

"14. (1) F r the purpose of providing for speedy trial, the State Government shall. with the co~cuTTenceof the Chief Justice of the High Court, by notification in the Official

Gazette, establish an Exclusi ve Special COUli for onc or more Districts:

Provided t1at in Districts where less number of cases under this Act is recorded. the State Goverjmcnt shall, with the concun'ence of the Chief JustJce of the High Court. by notitlc¥tion in the Official Gazelle, specify [or such Districts, the COUll of Session to be a Special COLUl to try the offences under this Act:

Provided f

nher that the Courts so established or specified shall have power to directly

rake cog izance of offence~ under this Act.

(2) It shall e the dut)' orthe SL.1.te Govemment to establish adequate nllmber or Couns to ensur that cases under this Act are disposed of within a period of two months, as far a possible.

(3) In eve trial ill the Special Court or the Exclusive Special Court, the proceedings shal be continued from daY-la-day until all the \vilneSses in attendance have been eXilmi ed. unless the Special Courtorthe Exclusive Special COUlt finds the adjournment of1e same beyondthefollowingdaytobenecessaryforreasonstobe recorded ill writi g:

Provided t at when the tlial relates ro an offence underthisAct, the trial shall, as far as possible, b completed within a period of two months from the date of filing of the charge sheet".

Special Court

and E... clusive

Special Court.

10

Insenion of new seclion

14A.

Appeals.

8 THEGAZEITE OFlNDIA EXTRAORDINARY [PART TI-

9. After section 14 ofthe principal Act, the following section shall inserted, namely:-

"14A. (I) Notwithstanding anything contained in the Code or Criminal Procedure.1973. an appeal shall lie. from any judgment, sentence rorder, not being an ::! of 1974. interlocutory order, of a Special Court or an Exclusive Special Co rt, to the High Court both on facts and on law.

SubSlitution of

new se<.:tioll for

sct:!iotl 15.

Spedul Public

Prosecutor

:lIld Exdusivc

Public

Prosecutor.

Insertion of

nt'\!. Chap(~r

IVA.

Rights of victims and witncsse.s.

(2) Notwithstanding anything contained in sub-section (3) f section 378 of the Code of Criminal Procedure. 1973, an appeal shall lie to the High uJ1 against an order 2 of 1974. of the Special COllrt ur Ihe Exclusive Special Court granting or refusing bail.

(3) Notwithstanding anything contained in any other law fpr the time being in force, every appeal under this section shall be preferred within a P,eriod 01" ninety days I"rom the date of the judgmenl, sentence or order appealed from:

Provided that the High Court may entertain an appeal after I e expiry of the said period of ninety days ir it is satisfied that the appellant had suf icient Cause for not preferring the appeal within the period

of ninety days:

Provided further that no appeal shall be entertained after the expiry of the period of one hundred and eight)' days.

(4) Every appeal prefeITcd under sub-section (I) shaH, a far as possible, be disposed of within a period of three months from the date of admi. 'ion of tile appeal.".

10. For section 15 of the principal Ac:t, the rollowing section, hall be substituted, namely:-

"15. (I) For every Special Court. the State Government sh' I, by notification in the Official Gazette, specify a Public Prosecutor or appoint an ad ocate who has been in practlce as an advocate for not less than seven years. as a Speci I Public Prosecutor for the purpose of conducting cases in that Court.

(2) For every Exclusive Special COUll. the State Govel11lllent hall. by notification in the Official Gazette, specify an Exclusive Special Public Pros utor or appoint an advocate who has been in practice as an advocate for not less tha seven years, as an Exclusive Special Public Prosecutor for the purpose of conducting ases in that Court.··.

11. After Chapter IV of [he principal Act, [he following Chapt r shall be inserted, namely:-

"CHAPTERNA

RIGHTS OF VICTIMS AND WITNESSES

15A. (f) It simi I be the dUly and responsibility of the State tO l l1lake alT,mgcmems for the protection of victims, their dependents, and witnesses against any kind of intimidation or coercion or inducement or violeneo or threats of jOlenee.

(2) A victim shall be treated wi(h fairness. respect and d nity and with due regard to any specjal need that arises because of the victim" age or gender or educational disadvantage or poverry.

(3) A victim or his dependent shall have the right to reaso able, accurate, and timely notice of any Court prm.:eeding including any bail procee ing and the Special Publ ic Proseculor or the State Government shall inform the victlm a out any proceedings under this Act.

(4) A victim or his dcpendcIll shall have the righllo apply to he Special Cour! or the Exclusive Special Court, as the case may be. to summon parti s for production of allY documents or material. witnesses or examine the persons pI' sent.

11

SEC. IJ HE GAZETTE OF lNDlAEXTRAORDINARY 9 2 of 1974.

(5) A vieti or his dependent shall be entitled to be heard at any proceeding under this Act i respect of baiL discharge, release, parole, conviction or sentence of an accused or a y connected proceedings Of arguments and file written submission 011 conviction, a quitta] or sentencing.

(6) Notwi hstanding anything contained 111 the Code of Criminal Procedure, 1973, the Specia Court or the Exclusive Special Coun trying a case under this Act shall provide to

a viet 111, his dependent, infonnant or witnesses-

(a) t e complete protection to secure the ends of justice;

(b) t e travelling and maintenance expenses during investigation, inquiry and trial:

(c) t e social-economic rehabilitatlon durjng investigation. inquiry and trial; and

(d) r location.

(7) The St te shall inform the concerned Special Court or the Exclusive Special Court about the protection provided to any victim or his dependenLinformant or witnesses and Sl ch Court shall periodically review the protection being offered and pass appropriar· orders.

(8) Vlitho t prejudice to the generality of the provisions of sub-section (6), the concemed Sped Court or the Exclusive Special Court may, on an application made by a victim or his d pendent, informant or witness in any proceedings before it or by the Special Public

P osecutor in relation to such victim, informant or witness oron its O\vn motion, take su 1 measures inc!uding-

(a) oncealing the names and addresses of the witnesses in its orders or judgments or in any records of the case accessible to the public;

(b) i ··su.ing directions for non-disclosure of the identity and addresses of the witne ses:

(c) t ke immediate action ill respect of any complaint relating to harassment of a victim intOll11ant or witness 3.nd on the same day, i rnecessary, pass appropJiate orders for protection:

Pro ided that inquiry or investigation into the complaint received undef clause (c) shall be tried separately from the main case by such Court and concluded within a period of two months from the date ofreceipt of the complaint:

Pro ided further that \vhere the complaint under clause (c) is against any public

ser 'ant, the Court shall restrain such public servant from interfering with the victim informant or witness, as the case may be, in any matter related or unrelated 0 the pending case, except with the pennission of the Court.

(9) It shall be the duty of the Investigating Officer and the Station House Officer to record the COl laint of victim. informant or wilnesses against any kind of intimidation, coercion or indu 'ement or violence or threats of violence, whether given orally or in writing, and a ph tocopy of the First Information Report shaU be immediately given to them at free of c st.

ccedings relating to oflCnces under this Act shall be video recorded.

(II) it shu I be the duty of the concerned State to specify an appropliate scheme to ensure imple llelllation of the following fights and entitlements of victims and witnesses in ac essing justic~ so as-

(a) provide a copy of the recorded First Information Report at free of cost;

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to THE GAZETTE OF INDlAEXTRAORDlNARY IPARTU- Insertion of

new Schedule.

(b) to provide immediate relief in cash or in kind to atr ity victims or their dependents:

(c) to provide necessary protection to the atroci y victims or their dependents, and witnesses:

(d) to provide relief in respect of death or injury or d mage to propcny;

(e) to arrange food or water or clothing or shelter or m ical aid or Inmsport facilities or daily allowances 10 victims;

(j) to provide the maintenance expenses to the alroc·t")' victims and their dependents:

(g) to provide the information about the rights of atl city victims at the time of making complaints and registeling the First Inform, tion Report;

(11) to provide the protection to atrocity victims or t1 eir dependents and witnesses fromintimidation and harassment;

(i) to provide the information to atrocity victims or hcir dependents or associated organisations or individuals. on the status of inve "ligation and charge sheet ami to provick copy of the chJrge sheet at free of c ·t;

(J) to take necessary precautions at the time of medic I examination;

(k) to provide information lo atrocity victims or t eir dependents or associated organisations or individuals, regarding the relie amount;

(I) to provide information to atrocity victims or I eir dependents or associated organis<.lliuns or individuals. in advance abuut th dates and place of investigation and trial:

(m) to give adequate bJiefing on the CJse and prepaf'dti 11 for t1iallO atrocity victims or their dependents or associated organisations 0 individuals and to provide the legal aid for the said purpose:

(11) to execute the rights of atrocity victims or II eir dependents or associated organisations or individuals at every stage of th proceedings under this Act and to provide the necessary assistance for the exe utian of the rights.

(12) It shall be the right of the atrocity victims or their ependents, to lake assistance from the Non-Government Organisations, social work rs or ad\'ucates.. ·.

12. After section 23 of the principal Act, the following Schedu e shall be inserted. nall1ely:~

'THE SCHEDULE

[See seclion 3(2) (va)]

Section under fhc

Indian Penal Code

120A

120B

141

142

Name of offcnce and punishment Definition uf criminal conspiracy. Punishment of criminal conspiracy. Unlav,!ful assembly.

Being member of unlaw rut assembly.

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12 GAZETIE OFINDfA EXTRAORDINARY [PARTH-SEC.II Repeal and

saving.

13. (1) The Seh uled CaSles and the Scheduled Tribes (Prevention of Atrocities) Amendment Ordinance 2014 is hereby repealed. Ort!

I or 2014.

(2) Notwi[hstand 19 such repeal, anything done or any action taken under the principal ACl, as amended by th· said Ordinance, shall bc deemed to have been done or taken under the corresponding pruv sions of the plincipal Act, as amended by this Act.

DR. G. NARAYANA RAJU. SeCreUlf)! to the Go\'!. of india. PRINTED BY TIlE GE!\'E \L r.fANAGER. GOVERl\"MENT OF J1\'DIA PRESS, Mll\o'TO ROAD. NEW DELHI AND PUBL SHED BY THE CO!\""TROI.LER OF PUBLICATIONS. DELHI-2016. GMGtPMRND-3979GI( 3)-02-01-2016.

14

15

SECTIONS