Section 10 SC/ST Act: Removal of person likely to commit offence
Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989
Section 10 SC/ST Act at a Glance
Section 10 SC/ST Act lets a Special Court order a person likely to commit a Chapter II offence out of a Scheduled, tribal, or identified area for up to 3 years. Representations lie within 30 days.
Section 10 SC/ST Act Bare Act Text
10. Removal of person likely to commit offence.
(1) Where the Special Court is satisfied, upon a complaint or a police report that a person is likely to commit an offence under Chapter II of this Act in any area included in ‘Scheduled Areas’ or ‘tribal areas’, as referred to in article 244 of the Constitution, or any area identified under the provisions of clause (vii) of sub-section (2) of section 21, it may, by order in writing, direct such person to remove 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 three 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.
Amendments to this section
- Ins. by s. 7, ibid. (w.e.f. 26-1-2016).
- Subs. by s. 7, ibid., for "two years" (w.e.f. 26-1-2016).
Section 10 SC/ST Act in Simple Words
Section 10 SC/ST Act empowers a Special Court (a court set up under Section 14 SC/ST Act) to pass a preventive externment order requiring a person to leave a specified area and stay out for a set period. Under Section 10(1) SC/ST Act, the Special Court may act upon a complaint or a police report. The Special Court must be satisfied that a person is likely to commit an offence under Chapter II SC/ST Act (which covers offences of atrocities, including Section 3 SC/ST Act) in any area included in Scheduled Areas or tribal areas as referred to in Article 244 of the Constitution, or in any area identified under Section 21(2)(vii) SC/ST Act as an area where members of the Scheduled Castes and the Scheduled Tribes are likely to be subjected to atrocities.
Where satisfied, the Special Court may pass an order in writing under Section 10(1) SC/ST Act directing that person to leave the limits of that area by the route and within the time specified in the order. The written order may also direct that person not to return to that area for a specified period not exceeding 3 years; Act 1 of 2016 raised that limit from 2 years to 3 years with effect from 26 January 2016. Under Section 10(2) SC/ST Act, the Special Court must communicate to that person, along with the Section 10(1) SC/ST Act order, the grounds on which the order has been made.
Under Section 10(3) SC/ST Act, the person against whom the externment order has been made, or any other person acting on that person's behalf, may make a representation within 30 days from the date of the order. On that representation, the Special Court may revoke or modify the Section 10(1) SC/ST Act order for reasons recorded in writing.
When Section 10 SC/ST Act Applies
- A complaint or a police report is placed before the Special Court.
- The Special Court is satisfied that a person is likely to commit an offence under Chapter II SC/ST Act.
- The area is a Scheduled Area or tribal area referred to in Article 244 of the Constitution, or an area identified under Section 21(2)(vii) SC/ST Act.
- The Special Court issues a written order directing the person to leave the area by a specified route and within a specified time, and not to return for a specified period not exceeding 3 years.
- Along with the written order, the Special Court communicates to that person the grounds on which the order was made.
- On a representation made by that person or someone on that person's behalf within 30 days from the date of the order, the Special Court may revoke or modify the order for reasons recorded in writing.
Example of Section 10 SC/ST Act
When Section 10 SC/ST Act Does Not Apply
- Externment for any period beyond 3 years, as Section 10(1) SC/ST Act caps the bar on return at a period not exceeding 3 years.
- Areas that are neither Scheduled Areas or tribal areas referred to in Article 244 of the Constitution nor areas identified under Section 21(2)(vii) SC/ST Act.
- Situations where the Special Court is not satisfied, upon a complaint or a police report, that the person is likely to commit an offence under Chapter II SC/ST Act.
- A representation under Section 10(3) SC/ST Act made after 30 days from the date of the externment order.
FAQs on Section 10 SC/ST Act
What is Section 10 SC/ST Act?▼
Section 10 SC/ST Act empowers a Special Court to order a person who is likely to commit a Chapter II offence in a Scheduled Area, tribal area, or area identified under Section 21(2)(vii) SC/ST Act to leave that area and not return for up to 3 years. Section 10 SC/ST Act also requires the Special Court to communicate the grounds for the order and allows revocation or modification on a representation made within 30 days.
What is the maximum period of externment under Section 10(1) SC/ST Act?▼
3 years. Under Section 10(1) SC/ST Act, the Special Court may direct the person not to return to the area for a specified period not exceeding 3 years.
Does a person have to commit an offence first before an order can be passed under Section 10 SC/ST Act?▼
No. Section 10(1) SC/ST Act is preventive and applies when the Special Court is satisfied, upon a complaint or a police report, that a person is likely to commit an offence under Chapter II SC/ST Act in a covered area.
Must the Special Court give the reasons for an externment order under Section 10 SC/ST Act?▼
Yes. Under Section 10(2) SC/ST Act, the Special Court must communicate the grounds on which the order has been made along with the written order under Section 10(1) SC/ST Act.
Can another person file a representation on behalf of the externed person under Section 10(3) SC/ST Act?▼
Yes. Section 10(3) SC/ST Act allows a representation to be made within 30 days from the date of the order either by the person against whom the order was made or by any other person on that person's behalf. The Special Court may then revoke or modify the order for reasons recorded in writing.
In which areas can a Special Court pass a removal order under Section 10(1) SC/ST Act?▼
Scheduled Areas, tribal areas, and areas identified under Section 21(2)(vii) SC/ST Act. Scheduled Areas and tribal areas are those referred to in Article 244 of the Constitution, while Section 21(2)(vii) SC/ST Act covers areas identified as places where members of the Scheduled Castes and the Scheduled Tribes are likely to be subjected to atrocities.
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Sources: Bare Act Text, Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 ·