Section 17 SC/ST Act: Preventive action to be taken by the law and order machinery

Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989

Section 17 SC/ST Act at a Glance

Section 17 SC/ST Act lets an Executive Magistrate or a senior police officer declare an area prone to atrocities and take preventive action. It also lets the State Government notify schemes to prevent atrocities.

Section 17 SC/ST Act Bare Act Text

17. Preventive action to be taken by the law and order machinery.
(1) A District Magistrate or a Sub-divisional Magistrate or any other Executive Magistrate or any police officer not below the rank of a Deputy Superintendent of Police may, on receiving information and after such inquiry as he may think necessary, has reason to believe that a person or a group of persons not belonging to the Scheduled Castes or the Scheduled Tribes, residing in or frequenting any place within the local limits of his jurisdiction is likely to commit an offence or has threatened to commit any offence under this Act and is of the opinion that there is sufficient ground for proceeding, declare such an area to be an area prone to atrocities and take necessary action for keeping the peace and good behaviour and maintenance of public order and tranquillity and may take preventive action.
(2) The provisions of Chapters VIII, X and XI of the Code shall, so far as may be, apply for the purposes of sub-section (1).
(3) The State Government may, by notification in the Official Gazette, make one or more schemes specifying the manner in which the officers referred to in sub-section (1) shall take appropriate action specified in such scheme or schemes to prevent atrocities and to restore the feeling of security amongst the members of the Scheduled Castes and the Scheduled Tribes.

Section 17 SC/ST Act in Simple Words

Section 17 SC/ST Act gives Magistrates and senior police officers power to act in advance when an offence under the SC/ST Act is threatened or likely. Under Section 2 SC/ST Act, an atrocity means an offence punishable under Section 3 SC/ST Act. Section 17(1) SC/ST Act gives preventive authority to a District Magistrate, a Sub-divisional Magistrate, any other Executive Magistrate, or any police officer not below the rank of Deputy Superintendent of Police.

On receiving information, the Magistrate or senior police officer may hold such inquiry as that authority thinks necessary. Two findings are needed before acting under Section 17(1) SC/ST Act: first, reason to believe that a person or group not belonging to the Scheduled Castes or the Scheduled Tribes, residing in or frequenting a place within the local jurisdiction, is likely to commit or has threatened to commit an offence under the SC/ST Act; and second, an opinion that sufficient ground exists for proceeding. Where both conditions are met, the authority may declare that area to be an area prone to atrocities, take necessary action for keeping the peace and good behaviour and maintaining public order and tranquillity, and take preventive action.

Under Section 17(2) SC/ST Act, the provisions of Chapters VIII, X and XI of the Code of Criminal Procedure, 1973 apply, so far as possible, to action taken under Section 17(1) SC/ST Act. Those chapters cover security for keeping the peace and for good behaviour (Chapter VIII), maintenance of public order and tranquillity (Chapter X), and preventive action of the police (Chapter XI); in the BNSS the same subjects are Chapters IX, XI and XII. Those chapters cover security for keeping the peace and for good behaviour (Chapter VIII), maintenance of public order and tranquillity (Chapter X), and preventive action of the police (Chapter XI); in the BNSS the same subjects are Chapters IX, XI and XII. The Act still refers to the Code of Criminal Procedure, 1973, which the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) replaced from 1 July 2024.

Under Section 17(3) SC/ST Act, the State Government may issue a notification in the Official Gazette (the government's official publication for legal notices) to make one or more schemes. Such schemes specify how the Magistrates and police officers named in Section 17(1) SC/ST Act must take appropriate action under the scheme to prevent atrocities and restore a feeling of security among members of the Scheduled Castes and the Scheduled Tribes.

When Section 17 SC/ST Act Applies

Action may be taken only by a District Magistrate, Sub-divisional Magistrate, other Executive Magistrate, or a police officer not below the rank of Deputy Superintendent of Police.
The authority receives information and conducts any inquiry considered necessary.
There is reason to believe that a person or group not belonging to the Scheduled Castes or the Scheduled Tribes, residing in or frequenting the local jurisdiction, is likely to commit or has threatened to commit an offence under the SC/ST Act.
The authority forms the opinion that there is sufficient ground for proceeding.
The authority may declare the area prone to atrocities and take preventive action, using Chapters VIII, X and XI of the Code of Criminal Procedure, 1973 so far as possible.

Example of Section 17 SC/ST Act

Nikhil, a Sub-divisional Magistrate in Nagpur, receives information that Sudhir and an associated group, none of whom belong to a Scheduled Caste or a Scheduled Tribe, have threatened to commit an offence of atrocity punishable under Section 3 SC/ST Act against residents of a nearby locality who are members of a Scheduled Caste. Sudhir and the group reside within Nikhil's local jurisdiction. Nikhil conducts an inquiry and forms the opinion that there is reason to believe the group has threatened an offence under the SC/ST Act and that sufficient ground exists for proceeding. Acting under Section 17(1) SC/ST Act, Nikhil declares the locality an area prone to atrocities and initiates preventive action to maintain peace, good behaviour and public order.

When Section 17 SC/ST Act Does Not Apply

Where the person or group alleged to pose the threat belongs to a Scheduled Caste or a Scheduled Tribe, as Section 17(1) SC/ST Act covers only persons not belonging to the Scheduled Castes or the Scheduled Tribes.
Where a police officer is below the rank of Deputy Superintendent of Police, as Section 17(1) SC/ST Act restricts police exercise of that power to officers not below that rank.
Where there is no reason to believe that an offence under the SC/ST Act is likely to be committed or has been threatened, or no sufficient ground for proceeding.

FAQs on Section 17 SC/ST Act

What is Section 17 SC/ST Act?▼

Section 17 SC/ST Act empowers Executive Magistrates and police officers not below the rank of Deputy Superintendent of Police to declare a local area prone to atrocities and take preventive action when persons not belonging to the Scheduled Castes or the Scheduled Tribes threaten or are likely to commit an offence under the SC/ST Act. Section 17(3) SC/ST Act also allows the State Government to notify schemes in the Official Gazette to prevent atrocities and restore security among members of the Scheduled Castes and the Scheduled Tribes.

Who can declare an area prone to atrocities under Section 17(1) SC/ST Act?▼

A District Magistrate, a Sub-divisional Magistrate, any other Executive Magistrate, or a police officer not below the rank of Deputy Superintendent of Police. A police officer below the rank of Deputy Superintendent of Police cannot make that declaration under Section 17(1) SC/ST Act.

Must an atrocity already have occurred before action is taken under Section 17(1) SC/ST Act?▼

No. Section 17(1) SC/ST Act applies when the authority has reason to believe that a person or group not belonging to the Scheduled Castes or the Scheduled Tribes is likely to commit or has threatened to commit an offence under the SC/ST Act, and finds sufficient ground for proceeding.

Which Government can make preventive schemes under Section 17(3) SC/ST Act?▼

The State Government. Under Section 17(3) SC/ST Act, the State Government may notify one or more schemes in the Official Gazette setting out how officers under Section 17(1) SC/ST Act must act to prevent atrocities and restore security.

Which procedural provisions apply to preventive action under Section 17(2) SC/ST Act?▼

Chapters VIII, X and XI of the Code of Criminal Procedure, 1973. Under Section 17(2) SC/ST Act, those chapters apply so far as possible for the purposes of Section 17(1) SC/ST Act, though the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced the 1973 Code from 1 July 2024.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 ·