Annexure-V.

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Frequently asked questions on The SCs and STs (POA) Act, 1989

Police

Question

The case has already been booked u/s of IPC. Why should it be booked again u/s 3 of POA Act- 1989 ?

Answer

Because, over and above the provisions of IPC, the SCs and STs (POA), Act, 1989 is focused, more punitive with provisions for a graded rehabilitation and monetary relief.

Question

How could it be presumed that the person in question is a genuine member of SC/ST?

Answer

Insist on Caste certificate to be produced within a few hours. But dont deny FIR just because he has not produced caste certificate instantly.

Question

How can it be established that the motive behind the incident is revenge/caste feeling?

Answer

Find out if the victim is known to be accused. Prior knowledge of the victim who belongs to SC/ST, might imply that this prior knowledge about the victim or his family (particularly in villages/small towns) establishes that the accused had prior knowledge about the caste of the victim.

Find out if there is any history of past dispute/quarrel/animosity between the two, or between the two families or between their communities/neighbourhood etc. If it could be proved that there was a history of animosity or enmity, then the present dispute could be a result of the past animosity ignited by the present circumstances which could lead to the conclusion that the sole/main or one of the motives of the present dispute and crime had its roots in caste feeling/bias. This could be immediate or secondary.

Question

If the accused is already booked under IPC, charge sheeted on the basis of FIR, by default or by ignorance, how can he be booked again under the POA Act?

Answer

Supplementary charges can be framed under POA Act and facts/reports presented to the court etc. even in course of the trial.

If the trial is over, perhaps, nothing can be done.

Question

If the complaint does not seem to be trustworthy, why should an FIR be recorded that adds to the burden and reflect on the performance of police?

*Please dont sit on value judgement, Section 154 Cr.PC does not stipulate presumption on the part of police.

*Supreme Court has allowed the police to be reasonable which does not mean rejection of complaint out rightly without verifying the facts.

*Hold on – verify facts- if found false prime a facie- deny FIR, giving reasons on the basis of primary investigation. But act fast.

Question

What about delay in FIR?

Question

What about delay in Investigation?

Question

What can be done when both the parties try to lodge FIR against each other?

Answer

Investigate and find the truth.

Victims

Question

When the SHO/PS- in-charge refuses to lodge FIR, what can be done?

Answer

Go to the SP and give your complaint in writing.

Question

If the SP also refuses?

Answer

Approach the National Commission for Scheduled Castes. This is the provision of the SCs and STs (POA) Rules, 1995.

Question

How to convince the police?

Answer

*Show the proof of your caste identity.

*Lodge a written complaint with the police.

*Attach versions of witness (es) supporting your statement duly signed by

him/t hem by affidavit in writing.

*Try to establish the motive with direct and circumstantial evidence.

*Insist on receipt of your complaint duly signed by the duty officer.



Source: Official Website of NCSC Last Updated on 11 - 09 - 2019

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