Section 19 SC/ST Act: Section 360 of the Code or the provisions of the Probation of Offenders Act not to apply to persons guilty of an offence under the Act

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

Section 19 SC/ST Act at a Glance

Section 19 SC/ST Act states that section 360 of the Code of Criminal Procedure, 1973 and the Probation of Offenders Act, 1958 do not apply to anyone above 18 years found guilty under the SC/ST Act.

Section 19 SC/ST Act Bare Act Text

19. Section 360 of the Code or the provisions of the Probation of Offenders Act not to apply to persons guilty of an offence under the Act.

The provisions of section 360 of the Code and the provisions of the Probation of Offenders Act, 1958 (20 of 1958) shall not apply to any person above the age of eighteen years who is found guilty of having committed an offence under this Act.

Section 19 SC/ST Act in Simple Words

Section 19 SC/ST Act excludes probation provisions for adult offenders convicted under the SC/ST Act. Specifically, Section 19 SC/ST Act states that the provisions of section 360 of the Code and the provisions of the Probation of Offenders Act, 1958 do not apply to any person above the age of 18 years who is found guilty of having committed an offence under the SC/ST Act.

Two conditions must both exist for Section 19 SC/ST Act to apply. First, the person must be found guilty of having committed an offence under the SC/ST Act, such as an atrocity listed in Section 3 SC/ST Act tried before a Special Court or Exclusive Special Court under Section 14 SC/ST Act. Second, the convicted person must be above the age of 18 years.

Under Section 2 SC/ST Act, 'the Code' means the Code of Criminal Procedure, 1973. The Act still refers to the Code of Criminal Procedure, 1973, which the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) replaced from 1 July 2024; release on probation of good conduct or after admonition, formerly section 360 of the Code, is now Section 401 BNSS.

When Section 19 SC/ST Act Applies

  • A person is found guilty of having committed an offence under the SC/ST Act.
  • That person is above the age of 18 years.
  • Neither section 360 of the Code of Criminal Procedure, 1973 nor the Probation of Offenders Act, 1958 applies to that person.

Example of Section 19 SC/ST Act

The Special Court in Rajkot finds Deepak, aged 26 years, guilty of having committed an offence of atrocity punishable under Section 3 SC/ST Act. Before sentencing, Deepak requests the benefit of the Probation of Offenders Act, 1958 or section 360 of the Code of Criminal Procedure, 1973. Because Deepak is above the age of 18 years and has been found guilty of an offence under the SC/ST Act, Section 19 SC/ST Act applies. The Special Court rejects Deepak's request, as neither section 360 of the Code nor the Probation of Offenders Act, 1958 can apply to Deepak.

When Section 19 SC/ST Act Does Not Apply

  • Where the person found guilty of an offence under the SC/ST Act is not above the age of 18 years, as Section 19 SC/ST Act applies only to a person above the age of 18 years.

FAQs on Section 19 SC/ST Act

What is Section 19 SC/ST Act?▼

Section 19 SC/ST Act states that section 360 of the Code of Criminal Procedure, 1973 and the Probation of Offenders Act, 1958 do not apply to any person above the age of 18 years who is found guilty of having committed an offence under the SC/ST Act. As a result, an offender above 18 years convicted under the SC/ST Act cannot receive relief under either of those two laws.

Can a person aged 21 years convicted under the SC/ST Act claim the Probation of Offenders Act, 1958?▼

No. Under Section 19 SC/ST Act, the Probation of Offenders Act, 1958 and section 360 of the Code do not apply to any person above the age of 18 years who is found guilty of an offence under the SC/ST Act.

Does the bar in Section 19 SC/ST Act apply to a person who is 18 years old or younger?▼

No. Section 19 SC/ST Act applies only to a person 'above the age of eighteen years' who is found guilty of an offence under the SC/ST Act.

Which two laws are excluded by Section 19 SC/ST Act?▼

Section 360 of the Code of Criminal Procedure, 1973 and the Probation of Offenders Act, 1958. The Act still refers to the Code of Criminal Procedure, 1973, which the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) replaced 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 ·