Section 13 SC/ST Act: Penalty for non-compliance of order under section 10

Section 13 SC/ST Act punishes any person who contravenes (violates) an externment order made by the Special Court under Section 10 SC/ST Act. Externment is a written court direction ordering a person to leave a specified area and stay out of it for a fixed period.

Under Section 10 SC/ST Act, where the Special Court is satisfied on a complaint or a police report that a person is likely to commit an offence under Chapter II of the Act in Scheduled Areas, tribal areas, or other areas covered by Section 10 SC/ST Act, the Special Court may order that person in writing to leave the area by a specified route and within a specified time, and not to return for a specified period of up to 3 years. Under Section 10(3) SC/ST Act, the Special Court may revoke or modify that order for reasons recorded in writing on a representation made within 30 days from the date of the order.

If a person disobeys an order of the Special Court made under Section 10 SC/ST Act, such as failing to leave within the specified time, ignoring the specified route, or returning before the specified period ends, Section 13 SC/ST Act makes that person punishable with imprisonment for up to 1 year and a fine. Because Section 13 SC/ST Act uses the words 'and with fine', the court must impose a fine along with imprisonment. Section 12 SC/ST Act covers taking measurements and photographs of persons against whom a Section 10 order is made, and Section 14 SC/ST Act provides for the Special Courts and Exclusive Special Courts that try offences under the Act.

The SC/ST Act does not classify its offences, so Part II of the First Schedule to the BNSS decides it: an offence punishable with imprisonment for less than 3 years is non-cognizable and bailable. Section 14 SC/ST Act makes the Special Court or the Exclusive Special Court try offences under the Act. The Act has no provision allowing an offence to be compounded.