PREVENTION OF ATROCITIES

THE SCHEDULED CASTES AND THE SCHEDULED TRIBES 
 (PREVENTION OF ATROCITIES) ACT, 1989 

 
No. 33 OF 1989 

         [11th September, 1989.] 
 

           An Act to prevent the commission of offences of atrocities against the members  of 
the Scheduled Castes and the Scheduled Tribes, to provide for Special Courts 
for the trial of such offences and for the relief and rehabilitation of the victims of 
such offences and for matters connected therewith or incidental thereto. 

 
                   BE it enacted by Parliament in the Fortieth  Year of the  Republic  of India as   
                         Follows :- 
 

 

CHAPTER     I 

PRELIMINARY 

 

Short title,          1. (1)  This Act  may be called  the Scheduled Castes  and  the  Scheduled 
extent and Tribes (Prevention of Atrocities) Act, 1989. 
commence- 
ment.  (2)  It  extends to  the whole of India except the State of Jammu & Kash- 

mir. 
 

(3) It shall come into force on such date as the Central Government may, 
by notification in the Official Gazette, appoint. 

 
Definitions.          2. (1) In this Act unless the context otherwise requires,- 

 

     (a)  “atrocity” means an offence punishable under section 3; 

  (b)   “Code” means the Code of Criminal Procedure, 1973 (2 of 1974);       

  (c)  “Scheduled Castes and Scheduled Tribes” shall have the mean-
ings  assigned to them respectively under clause (24) and clause (25) of 
article 366 of the Constitution: 

 
       (d)   “Special Court” means a Court of Session specified as a Special 
Court in section 14; 
 
       (e)  “Special Public Prosecutor” means a Public Prosecutor specified 
as a Special Public Prosecutor or an advocate referred to in section 15; 
 
       (f)    words and expressions unsed but not defined in this Act and de-
fined in the Code or the Indian Penal Code (45 of 1860) shall have the 
meanings assigned to them respectively in the Code, or as the case may 
be, in the Indian Penal Code. 

 
(2)   Any reference in this Act to any enactment or any provision thereof 

shall in relation to an area in which such enactment or such provision is not in 
force, be construed as a reference to the corresponding law,  if any, in force in 
that area. 

 
 



 
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CHAPTER    II 

OFFENCES OF ATROCITIES 

 
Punishment          3. (1) Whoever, not being a member of a Scheduled Caste or a Scheduled  
for offences of  Tribe,- 
atrocities.  (i)    forces a member of a Scheduled Caste or a Scheduled Tribe to 

drink or eat any inedible or obnoxious substance; 
 

(ii)   acts with intent to cause injury, insult or annoyance to any member 
of a Scheduled Caste, or a Scheduled Tribe by dumping excreta,  waste matter, 
carcasses or any other obnoxious substance in his premises or neighbourhood; 

   
(iii)   forcibly removes clothes from the person of a member of a Schedul-

ed Caste or a Scheduled Tribe or parades him naked or with painted face or 
body or commits any similar act which is derogatory to human dignity; 

   
(iv)  wrongfully occupies or cultivates any land owned by, or allotted to, 

or notified by any competent authority to be allotted to, a member of a Scheduled 
Caste or a Scheduled Tribe or  gets the land allotted to him transferred; 

   
(v)   wrongfully dispossesses a member of  a Scheduled Caste or a 

Scheduled Tribe  from his land or premises or interferes with the enjoyment of his 
rights over any land, premises or water; 

    
(vi)  compels or entices a member of a Scheduled Caste or a Scheduled 

Tribe to do ‘begar’ or other similar forms of forced or bonded labour other than 
any compulsory service for public purposes imposed by Government; 

   
(vii)  forces or intimidates a member of a Scheduled Caste or a Schedul-

ed Tribe not to vote or to vote to a particular candidate or to vote in a manner 
other than that provided by law; 

   
(viii)   institutes false, malicious or vexatious suit or criminal or other legal 

proceedings against a member of a Scheduled Caste or a Scheduled Tribe. 
 

(ix)  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; 
 

(x) intentionally insults or intimidates with intent to humiliate a member of 
a  Scheduled Caste or a Scheduled Tribe in any place within public view; 
 

(xi)  assaults or uses force to any woman belonging to a Scheduled 
Caste or a Scheduled Tribe with intent to dishonour or outrage her modesty; 
 

(xii)  being in a position to dominate the will of a woman belonging to a 
Scheduled Caste or a Scheduled Tribe and uses that position to exploit her 
sexually to which she would not have otherwise agreed; 
 

(xiii)  corrupts or fouls the water of any spring, reservoir or any other 
source ordinarily used by members of the  Scheduled Castes or a Scheduled 
Tribes so as to render it less fit for the purpose for which it is ordinarily used; 



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(xiv)   denies a member of a 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 of public or any section thereof have a right to use or 
access to; 

   
(xv) forces or causes a member of a Scheduled Caste or a 

Scheduled Tribe to leave his house, village or other place of 
residence,  

 
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. 

 
(2) Whoever, not being a member of a Scheduled Caste or a Scheduled  

 Tribe,- 
 

(i)  gives or fabricates false evidence intending thereby to cause, or 
knowing it to be likely that he will thereby cause, any member of a Scheduled 
Caste or a Scheduled Tribe to be convicted of an offence which is capital by the 
law for the time being in force shall  be punished with imprisonment for life and 
with fine; and if an innocent member of a Scheduled Caste or a Scheduled Tribe 
be convicted and executed in consequence of such false or fabricated evidence, 
the person who gives or fabricates such false evidence, shall be punished with 
death; 

 
(ii) gives or fabricates false evidence intending thereby to cause, or 

knowing it to be likely that he will thereby cause, any member of a Scheduled 
Caste or a Scheduled Tribe to be convicted of an offence which is not capital but 
punishable with imprisonment for a term of seven years or upwards, shall be 
punishable with imprisonment for a term which shall not be less than six months 
but which may extend to seven years or upwards and with fine; 

 
(iii)  commits mischief by fire or any explosive substance intending to 

cause or knowing it to be likely that he will thereby cause damage to any property 
belonging to a member of 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 seven years and with fine; 

 
(iv)  commits mischief by fire or any explosive substance intending to 

cause or knowing it to be likely that he will thereby cause destruction of any 
building which is ordinarily used as a place of worship or as a place for human 
dwelling or as a place for custody of the property by a member of a Scheduled 
Caste or a Scheduled Tribe, shall be punishable with imprisonment for life and 
with fine; 

 
(v)  commits any offence under the Indian Penal Code (45 of 1860) 

punishable with imprisonment for a term of ten years or more against a person or 
property on the ground  that such person is a member of a Scheduled Caste or a 
Scheduled Tribe or such property belongs to such member, shall be punishable 
with imprisonment for life and with fine; 

 
(vi)  knowingly or having reason to believe that an offence has been 

committed under this Chapter, causes any evidence  of   the commission of   that  
 



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offence to disappear with the intention of screening the offender from legal 
punishment, or with that intention gives any information respecting the offence 
which he knows or believes to be false, shall be punishable with the punishment 
provided for that offence; or 

 
(vii)  being a public servant, commits any offence under this section, shall 

be punishable with imprisonment for a term which shall not be less than one year 
but which may extend to the punishment provided for that offence. 

 
Punishment        4.  Whoever, being a public servant but not being a member of a  Scheduled 
for neglect  Caste or a Scheduled Tribe, wilfully neglects his duties required to be  performed  
of duties. by him under this Act, shall be punishable with imprisonment for a term which 

shall not be less than six months but which may extend to one year. 
 
Enhanced        5.  Whoever, having already been convicted of an offence under this Chapter 
punishment is convicted for the second offence or any   offence   subsequent   to the   second  
for subse- offence, shall be punishable with imprisonment for a term which shall not be less 
quent convic- than one year but which may extend to the punishment provided for that offence.  
tion.  
  
Application        6. Subject to the other provisions of this Act, the provisions   of   section 34, 
of certain Chapter III, Chapter IV, Chapter V,  Chapter VA,  Section 149  and  Chapter XXIII 
provisions of of the Indian Penal Code (45 of 1860), shall, so far as may be, apply  for  the  

pur- 
the Indian poses of this Act as they apply for the purposes of the Indian Penal Code. 
Penal Code. 
 
Forfeiture of        7. (1) Where a person has been convicted of any offence  punishable under 
property of this Chapter, the Special Court may, in addition to awarding  any  punishment, by 
certain per- order in writing,  declare that  any  property, movable or  immovable or  both,  be- 
sons. longing to the person, which has been used for the commission of that offence, 

shall stand forfeited to Government. 
  
             (2)  Where any person is accused of any offence under this Chapter, it 

shall be open to the Special Court trying him to pass an order that all or any of 
the properties, movable or immovable or both, belonging to him, shall, during  the 
period of such trial, be attached, and where such trial ends in conviction, the 
property so attached shall be liable to forfeiture to the extent it is required for the 
purpose of realisation of any fine imposed under this Chapter. 

 
Presumption         8. In a prosecution for an offence under this Chapter, if it is proved that - 
as to offences. 

(a)  the accused rendered any financial assistance to a person accused 
of,  or reasonably suspected of committing, an offence under this Chapter, the 
Special Court shall presume, unless the contrary is proved, that such person had 
abetted the offence; 
 
  (b)  a group of persons committed an offence under this Chapter and if it 
is proved that the offence committed was a sequel to any existing dispute regard-
ing land or any other matter, it shall be presumed that the offence was committed 
in furtherance of the common intention or in prosecution of the common object. 

 
 
 



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Conferment          9.  (1) Notwithstanding anything contained in the Code or in any other pro- 
powers.  vision of this Act, the State Government may, if it consider it necessary or exped- 
   ient so to do, - 

 
(a) for the prevention of and for coping with any offence under this Act, or 

 
(b) for any case or class or group of cases under this Act,  

 
in any district or part thereof, confer, by notification in the Official Gazette, on any 
officer of the State Government, the powers exercisable by a police officer under 
the Code in such district or part thereof or, as the case may be, for such case or 
class or group of cases, and in particular, the powers of arrest, investigation and 
prosecution of persons before any Special Court. 

 
           (2)  All officer of police and all other officers of Government shall assist the 
officer referred to in sub-section (1) in the execution of the provisions of this Act 
or any rule, scheme or order made thereunder. 
 
           (3)  The provisions of the Code shall, so far as may be, apply to the 
exercise of the powers by an officer under sub-section (1). 

 
 

CHAPTER    III 

EXTERNMENT 

Removal       10. (1)  Where the Special Court is satisfied, upon a complaint, or a police re- 
of person port that a person is likely to commit an offence under Chapter II of this Act in 
likely to  any area included in ‘Scheduled Areas’ or ‘tribal areas’, as referred to in article 
commit  244 of the Constitution, it may, by order in writing, direct such person to remove 
offence.  himself beyond the limits of such area, by  such  route  and  within  such  time as          

may be specified  in the order, and not to return to that area from which he was 
directed to  remove himself for such period, not exceeding two years, as may be 
specified in the order. 

 
     (2)  The Special Court shall, along  with  the  order  under  sub-section (1)  

communicate to the person directed under that sub-section the grounds on which 
such order has been made. 

 
(3) The Special Court may revoke or modify  the  order  made under sub- 

section (1), for the reasons to be recorded in writing, on the representation made 
by the person against whom such order has been made or by any other person 
on his behalf within thirty days from the date of the order. 

 
Procedure on       11.  (1)  If a person to whom a direction has been issued under section 10 to  
failure of per- remove himself from any area- 
son to remove 
himself   (a) fails to remove himself as directed; or 
from area  
and enter  (b) having so removed himself enters such area within the period speci- 
thereon  fied in the order, 
after    
removal.  otherwise than with the permission in writing of the Special Court under sub-

section (2), the Special Court may cause him to be arrested and removed in 
police custody to such place outside such area as the Special Court may specify. 
  



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(2)  The Special Court may, by order in writing, permit any person in  res- 

pect of whom an order under section 10 has been made, to return to the area 
from which he was directed to remove himself for such temporary period and 
subject to such conditions as may be specified in such order and may require 
him to execute a bond with or without surety for the due observation of the 
conditions imposed. 

 
(3) The Special Court may at any time revoke any such permission. 

 
(4) Any person who, with such permission, returns to the area from which 

he was directed to remove himself shall observe the conditions imposed, and at 
the expiry of the temporary period for which he was permitted to return, or on the 
revocation of such permission before the expiry of such temporary period, shall 
remove himself outside such area and shall not return thereto within the 
unexpired portion specified under section 10 without a fresh permission. 

 
(5) If a person fails to observe any of the conditions imposed or to 

remove himself accordingly or having so removed himself enters or returns to 
such area without fresh permission the Special Court may cause him to be 
arrested and removed in police custody to such place outside such area as the 
Special Court may specify. 

 
Taking mea-       12. (1)  Every person against whom an order has been made under section 
surements  10  shall,  if so required by the Special Court, allow his measurements and                     
and photo- photographs to be taken by a police officer. 
graphs, etc., 
of persons             (2)  If any person referred to in sub-section (1), when required to allow his 
against whom measurements or  photographs to be taken resists or refuses to allow his taking 
order under of such measurements or photographs, it shall be lawful to use all necessary 
section 10 is means to secure the taking thereof. 
made. 

(3)  Resistance to or refusal to allow the taking of measurements or 
photographs under sub-section (2) shall be deemed to be an offence under 
section 186 of the Indian Penal Code (45 of 1860). 

 
     (4)  Where an order under section 10 is revoked, all measurements and     

photographs (including negatives) taken under sub-section (2) shall be destroyed 
or made over to the person against whom such order is made. 
 

Penalty for        13.  Any person contravening an order of the Special Court made under  sec- 
non comp- tion 10 shall be punishable with imprisonment for a term which may extend to 
liance of order one year and with fine. 
under section 
10. 
 

CHAPTER    IV 

SPECIAL COURTS 

 
Special         14.  For the purpose of providing for speedy trial, the State Government shall, 
Court.  with the concurrence of the Chief Justice of the High Court, by notification in   the 

Official Gazette, specify for each district a Court of Session to be a Special Court 
to try the offences under this Act. 

 



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Special         15.  For every Special Court,   the State Government shall,   by  notification in   
Public Pro- the Official Gazette, specify a Public Prosecutor or appoint an advocate who has 
secutor.  been in practice as   an   advocate for  not less than  seven  years,  as  a  Special  

Public Prosecutor for the purpose of conducting  cases in that Court. 
 
 

CHAPTER     V 
 

MISCELLANEOUS 
 
Power of          16.  The provisions of section 10A of the Protection of  Civil  Rights Act, 1955 
State Govern- (22 of 1955)  shall, so  far as  may be, apply  for the purposes of  imposition  and 
ment to impose realisation of collective fine and for all  other matters connected   therewith  under 
collective fine. this Act. 
 
Preventive       17. (1)  A District Magistrate or a Sub-divisional Magistrate or any other  Exe- 
action to be cutive Magistrate or any police officer not below the rank of a Deputy Superinten- 
taken by  tendent of Police may, on receiving information and after such inquiry as  he may 
the law and   think necessary, has reason to believe that a person or a  group of  persons   not  
order machi- belonging to the Scheduled Castes or the Scheduled Tribes, residing in or fre-
nery.  quenting any place within the local limits of his jurisdiction is likely to  commit  an  

an offence or has threatened to commit any offence under this Act and is of the 
opinion that there is sufficient  ground for proceeding, declare such an area to be 
an area prone to atrocities and take necessary action for keeping the peace and  
good behaviour and maintenance of public order and tranquility and may take 
preventive action. 

 
    (2)  The provisions of Chapters VIII, X and XI of the Code shall, so far as 

may be, apply for the purposes of sub-section (1). 
 

    (3)  The State Government may, by notification in the Official Gazette, 
make one or more schemes specifying the manner in which the officers referred 
to in sub-section (1) shall take appropriate action specified in such scheme or 
schemes to prevent atrocities and to restore the feeling of security amongst the 
members of the Scheduled Castes and the Scheduled Tribes. 

 
Section 438        18.  Nothing in section 438 of the  Code  shall  apply in  relation  to  any case 
of the code involving the   arrest  of  any  person  on an  accusation of  having  committed  an  
not to apply to offence under this Act. 
persons 
committing 
an offence 
under the Act. 
 
Section 360        19. The provisions of section 360 of the Code and the provisions of the Prob- 
of the Code ation of Offenders Act, 1958 (20 of 1958) shall not apply to any person above the  
or the Provi-   age of eighteen years who is found guilty of having committed an offence under 
sions of the  this Act. 
Probation of 
Offenders Act 
not to apply to  
persons guilty  
of an offence  
under the Act. 



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Act to override        20.  Save as otherwise provided in this Act, the provisions of  this   Act   shall  
other laws. have effect notwithstanding anything inconsistent therewith contained in any 

other law for the time being in force or any custom or usage or any instrument 
having effect by virtue of any such law. 

 
Duty of Govern-        21. (1)  Subject to such rules as the Central Government may make in  this 
ment to ensure behalf,  the State Government shall take such measures as may be necessary  
effective imple- for the effective implementation of this Act. 
mentation of  
the Act.  (2) In particular, and without prejudice to the generality of the foregoing 

provisions, such measures may include,- 
 

 (i)   the provision for adequate facilities, including legal aid to the 
persons subjected to atrocities to enable them to avail themselves of 
justice: 
 

(ii)   the provision for travelling and maintenance expenses to witness-
es, including the victims of atrocities, during investigation and trial of 
offences under this Act; 
 

(iii)  the provision for the economic and social rehabilitation of the 
victims of the atrocities; 

 
(iv)  the appointment of officers for initiating or exercising supervision 

over prosecutions for the contravention of the provisions of this Act; 
 

 (v)  the setting up of committees at such appropriate levels as the 
State Government may think fit to assist that Government in formulation 
or implementation of such measures; 

 
 (vi)  provision for a periodic survey of the working of the provisions of 

this Act with a view to suggesting measures for the better implementation 
of the provision of this Act; 

 
(vii)  the identification of the areas where the members of the Schedul-

ed Castes and the Scheduled Tribes are likely to be subjected to atro-
cities and adoption of such measures so as to ensure safety for such 
members. 

 
(3)  The Central Government shall take such steps as may be necessary 

to co-ordinate the measures taken by the State Governments under sub-section 
(1) 
 

(4)  The Central Government shall, every year, place on the table of each 
House of Parliament a report on the measures taken by itself and by the State 
Governments in pursuance of the provisions of this section. 

 
Protection of       22.  No suit, prosecution or other legal proceedings shall lie against the 
action taken Central Government or against the State Government or any officer or authority 
in good faith. of Government or any other person for anything which is in good faith done or in- 

tended to be done under this Act. 
 
 
 



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Power to         23. (1) The Central government may, by notification in the Official Gazette, 
make rules. make rules for carrying out the purposes of this Act. 

 
(2)  Every rule made under this Act shall be laid, as soon as may be after 

it is made, before each House of Parliament, while it is in session for a total 
period of thirty days which may be comprised in one session or in two or more 
successive sessions, and if, before the expiry of the session immediately follow-
ing the session or the successive sessions aforesaid, both Houses agree in mak-
ing any modification in the rule or both Houses agree that the rule should not be 
make, the rule shall thereafter have effect only in such modified form or be of no 
effect, as the case may be; so, however, that any such modification or annulment 
shall be without prejudice to the validity of anything previously done under that 
rule. 
 
 

             V. S. RAMA DEVI, 

            Secy. to the Govt. of India. 

 
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