Section 22 SC/ST Act: Protection of action taken in good faith

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

Section 22 SC/ST Act at a Glance

Section 22 SC/ST Act protects Central and State Governments, Government officers and authorities, and any other person. No suit, prosecution, or other legal proceeding lies for anything done or intended to be done in good faith under the SC/ST Act.

Section 22 SC/ST Act Bare Act Text

22. Protection of action taken in good faith.

No suit, prosecution or other legal proceedings shall lie against the Central Government or against the State Government or any officer or authority of Government or any other person for anything which is in good faith done or intended to be done under this Act.

Section 22 SC/ST Act in Simple Words

Section 22 SC/ST Act gives legal immunity for actions carried out in good faith under the SC/ST Act. When Section 22 SC/ST Act applies, no suit (a civil lawsuit in court), prosecution (a criminal case), or other legal proceeding can lie against a protected party.

Section 22 SC/ST Act protects four categories of parties: the Central Government, the State Government, any officer or authority of Government, and any other person. Because the text includes any other person, protection is not confined to Government officials alone when a private individual acts under the SC/ST Act.

Two limits govern protection under Section 22 SC/ST Act. First, the challenged conduct must be something done, or intended to be done, under the SC/ST Act, such as implementation or prosecution steps under Section 21 SC/ST Act. Second, that act or intended act must be in good faith, so both completed actions and intended actions under the SC/ST Act are protected only when good faith is present.

When Section 22 SC/ST Act Applies

  • Protected parties: Covers the Central Government, the State Government, any officer or authority of Government, and any other person.
  • Connection to the SC/ST Act: The act was done, or was intended to be done, under the SC/ST Act.
  • Good faith requirement: The act or intended act was carried out in good faith.
  • Complete bar on proceedings: Where these conditions exist, no civil suit, criminal prosecution, or other legal proceeding can lie.

Example of Section 22 SC/ST Act

In Bhavnagar, Dhruv is a State Government officer appointed under Section 21(2)(iv) SC/ST Act to initiate prosecutions for contraventions of the SC/ST Act. Acting in good faith under the SC/ST Act, Dhruv initiates a prosecution against Kishore for an alleged offence under Section 3 SC/ST Act. After the trial concludes, Kishore files a civil suit claiming damages against Dhruv and the State Government for initiating the case. Because Dhruv and the State Government acted in good faith under the SC/ST Act, Section 22 SC/ST Act bars Kishore's civil suit.

When Section 22 SC/ST Act Does Not Apply

  • Section 22 SC/ST Act does not protect anything that was not done, or intended to be done, in good faith.
  • Section 22 SC/ST Act does not cover an act that was neither done nor intended to be done under the SC/ST Act.

FAQs on Section 22 SC/ST Act

What is Section 22 SC/ST Act?▼

Section 22 SC/ST Act protects the Central Government, the State Government, Government officers and authorities, and any other person from legal action for conduct carried out in good faith under the SC/ST Act. It bars any civil suit, criminal prosecution, or other legal proceeding for anything done or intended to be done in good faith under the SC/ST Act.

Does Section 22 SC/ST Act protect only Government officers?▼

No. Along with the Central Government, the State Government, and any Government officer or authority, Section 22 SC/ST Act expressly protects any other person for anything done or intended to be done in good faith under the SC/ST Act.

Does Section 22 SC/ST Act bar both civil suits and criminal prosecutions?▼

Yes. Section 22 SC/ST Act bars any civil suit, any criminal prosecution, and any other legal proceeding when the act or intended act was in good faith under the SC/ST Act.

Does Section 22 SC/ST Act cover an action that was intended under the SC/ST Act even before completion?▼

Yes. Section 22 SC/ST Act covers anything done as well as anything intended to be done in good faith under the SC/ST Act.

Does Section 22 SC/ST Act protect an officer who acts without good faith?▼

No. Protection under Section 22 SC/ST Act applies only to something done or intended to be done in good faith under the SC/ST Act.

Have questions about Section 22 SC/ST Act?

Ask NyayGuru about your situation and get an answer based on the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Ask NyayGuru →

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 ·