SCHEDULED CASTES AND TRIBES (PREVENTION OF ATROCITIES) ACT — Law Insider

  • It prescribed that any person will only be arrested if such arrest is approved by appointing authority (in cases of public servant) and SP (in other cases).
  • It prescribed preliminary enquiry in all the cases where a complaint is lodged.
  • No approval was required for an investigating officer for arresting any person accused under the Act either from appointing authority or from Superintendent of Police
  • Bar was prescribed on granting anticipatory bail as per Section 438 of Crpc,1973 to any individual who is accused under this Amendment Act.
  • In the case of Bhagwan Dass v. Delhi, the court deemed that honor killings should be categorized in the “rarest of rare crimes” and should be punished with death penalty.
  • In the case of State of Kerala v. U.P. Hassan, where the accused verbally abused the complainant calling him “Pulaya Nadi” which means son of a prostitute or adulterer. The court held that this cannot be considered as a motive of insulting someone by using caste name as it is not a caste implication.
  • In the case of Karan Singh v. State of Haryana, complainant was molested as she was a woman. It was held that such molestation was not done because she belonged to scheduled cast and hence, the accused will not be prosecuted under this Act.
  • Providing appropriate protection to witness of the case.
  • Considering audio-video recording as an evidence to reach conclusion.
  • Focused training of authorities to deal with such cases.

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