Attrocity case
Querist :
Anonymous
(Querist) 30 January 2012
This query is : Resolved
can anyone inform me the circumstances & situation in which police can charge the attrocity case ? what are the remidies available to the person ? if you have soft copy of said bare act pl.send me for my reference at my email id shahtarun_27@rediffmail.com
Shonee Kapoor
(Expert) 31 January 2012
You can google it for Prevention of Atrocities on Scheduled caste and Scheduled Tribes.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Raj Kumar Makkad
(Expert) 31 January 2012
In specific terms:
Atrocity is “an expression commonly used to refer to crimes against Scheduled Castes (SCs) and Scheduled Tribes (STs) in India”.
It “denotes the quality of being shockingly cruel and inhumane, whereas the term 'crime' relates to an act punishable by law”.[11]
It implies “any offence under the Indian Penal Code (IPC) committed against SCs by non-SC persons, or against STs by non-ST persons. Caste consideration as a motive is not necessary to make such an offence in case of atrocity”.
It signifies “crimes which have ingredients of infliction of suffering in one form or the other that should be included for reporting”. This is based on the assumption that “where the victims of crime are members of Scheduled Castes and the offenders do not belong to Scheduled Castes caste considerations are really the root cause of the crime, even though caste considerations may not be the vivid and minimum motive for the crime”.
V R SHROFF
(Expert) 31 January 2012
Shri Raj Kumar Makkad described it to suit ur requirements in details.
It is misused, but it is a very dangerous offence. Scare of , and be away.
I already posted my views in earlier thread with great detail, find & go thru. Will help u.
SAINATH DEVALLA
(Expert) 31 January 2012
Dear Friend,
The st & sc atrocities act was promulgated in 1989,in order to provide shield and eradicate atrocities on scheduled castes and scheduled tribes.But since then this act has been widely misused by many for personal gains than being benefitted to the actual suffers,due to lack of proper knowldge of this act.This is a very dangerous act,and is a non-bailable offence.Once you are involved it is very difficult to come out.The act is such.
Once the case is registered the police or the court has to act only as per the provisions of the act.
SAINATH DEVALLA
(Expert) 31 January 2012
dear friend,
At the outset the SHO of the concerned police station,where the complaint has been made, has to summon both the parties and have a councelling.If in the councelling it is proved that the charges against the accused are true,then the complaint will be registered and further action will be taken as per the provisions of the act.
Querist :
Anonymous
(Querist) 02 February 2012
i would be greatful to all advocates for their valuable reply ...C.A. Tarun Shah
M/s. Y-not legal services
(Expert) 30 January 2012
