false implication in sc/st attrocities act
Querist :
Anonymous
(Querist) 08 May 2011
This query is : Resolved
sir,
I am being framed by one of colleague that i had come to her room and threatened her and called her as a SC women. I am working in an university and she had made a complaint to minister of higher education.
I also assume that she will make a complaint in the local police station.
What should i do?
can i get a anticipatory bail?
kindly answer my queries i am undergoing mental because of no fault of mine.
thankyou
M/s. Y-not legal services
(Expert) 08 May 2011
In tamilnadu No anti.bail for this act.. You have to file anti bail application before high court.. High court will direct you to surrender before the concern district judge. The same day consider the bail also.. Its mean you have to surrender then very same day your bail will be considered.. This is the procedure in s.c, s.t act.
Guest
(Expert) 08 May 2011
I don't think uttering as sc woman is listed as a crime in the law of untouchability, as SC is an officially given term by the Government of India. You may refer the provisions of the Scheduled Castes and Tribes (Prevention of Atrocities) Act, 1989 about specific words included as offences in the Act.
However, if your tone was insulting your act can come within the purview of Section 3(1)(x) of the Act, which states as follows:
3. Punishments for offences of atrocities
1) Whoever, not being 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.
You may however try to get anticipatory bail before some harm is done.
Querist :
Anonymous
(Querist) 08 May 2011
thankyou very much Mr. tom.advocate and Mr.PS Dhingra, CEO for your reply.
Querist :
Anonymous
(Querist) 08 May 2011
our constitution guarantees that innocent should not be punished but they bring out laws which harass the innocent. The best example is SC/ST atrocities act 1987.
bhushan singh charan
(Expert) 08 May 2011
in matter related with st sc no anticipatory bail as per latest judgments.but in room in person not in kthreatning andnowldge to other means not publically threatning and abuse for cast not made any crime under the provision of actrocite act. if fir filed contact high court advocate file 482petion. standard of proof in this cases are strict. so dont worry
Querist :
Anonymous
(Querist) 09 May 2011
Thankyou Mr.Bhushan singh charan
