Section 3 SC/ST Act: Punishments for offences of atrocities
Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989
Section 3 SC/ST Act at a Glance
Section 3 SC/ST Act defines atrocities against Scheduled Caste and Scheduled Tribe members by persons outside those communities. Sub-section (1) carries 6 months to 5 years imprisonment and a fine; sub-section (2) reaches life imprisonment, or death under clause (i).
Depends on the clause. Sub-section (1): at least 6 months, up to 5 years. Sub-section (2): up to imprisonment for life, and death under clause (i) where an innocent person is convicted and executed
Section 3 SC/ST Act Bare Act Text
3. Punishments for offences of atrocities.
(1) Whoever, not being a member of a Scheduled Caste or a Scheduled Tribe,—
(a) puts any inedible or obnoxious substance into the mouth of a member of a Scheduled Caste or a Scheduled Tribe or forces such member to drink or eat such inedible or obnoxious substance;
(b) dumps excreta, sewage, carcasses or any other obnoxious substance in premises, or at the entrance of the premises, occupied by a member of a Scheduled Caste or a Scheduled Tribe;
(c) with intent to cause injury, insult or annoyance to any member of a Scheduled Caste or a Scheduled Tribe, dumps excreta, waste matter, carcasses or any other obnoxious substance in his neighbourhood;
(d) garlands with footwear or parades naked or semi-naked a member of a Scheduled Caste or a Scheduled Tribe;
(e) forcibly commits on a member of a Scheduled Caste or a Scheduled Tribe any act, such as removing clothes from the person, forcible tonsuring of head, removing moustaches, painting face or body or any other similar act, which is derogatory to human dignity;
(f) wrongfully occupies or cultivates any land, owned by, or in the possession of or allotted to, or notified by any competent authority to be allotted to, a member of a Scheduled Caste or a Scheduled Tribe, or gets such land transferred;
(g) wrongfully dispossesses a member of a Scheduled Caste or a Scheduled Tribe from his land or premises or interferes with the enjoyment of his rights, including forest rights, over any land or premises or water or irrigation facilities or destroys the crops or takes away the produce therefrom.
Explanation.—For the purposes of clause (f) and this clause, the expression “wrongfully” includes—
(A) against the person’s will;
(B) without the person’s consent;
(C) with the person’s consent, where such consent has been obtained by putting the person, or any other person in whom the person is interested in fear of death or of hurt; or
(D) fabricating records of such land;
(h) makes a member of a Scheduled Caste or a Scheduled Tribe to do “begar” or other forms of forced or bonded labour other than any compulsory service for public purposes imposed by the Government;
(i) compels a member of a Scheduled Caste or a Scheduled Tribe to dispose or carry human or animal carcasses, or to dig graves;
(j) makes a member of a Scheduled Caste or a Scheduled Tribe to do manual scavenging or employs or permits the employment of such member for such purpose;
(k) performs, or promotes dedicating a Scheduled Caste or a Scheduled Tribe woman to a deity, idol, object of worship, temple, or other religious institution as a devadasi or any other similar practice or permits aforementioned acts;
(l) forces or intimidates or prevents a member of a Scheduled Caste or a Scheduled Tribe—
(A) not to vote or to vote for a particular candidate or to vote in a manner other than that provided by law;
(B) not to file a nomination as a candidate or to withdraw such nomination; or
(C) not to propose or second the nomination of a member of a Scheduled Caste or a Scheduled Tribe as a candidate in any election;
(m) forces or intimidates or obstructs a member of a Scheduled Caste or a Scheduled Tribe, who is a member or a Chairperson or a holder of any other office of a Panchayat under Part IX of the Constitution or a Municipality under Part IXA of the Constitution, from performing their normal duties and functions;
(n) after the poll, causes hurt or grievous hurt or assault or imposes or threatens to impose social or economic boycott upon a member of a Scheduled Caste or a Scheduled Tribe or prevents from availing benefits of any public service which is due to him;
(o) commits any offence under this Act against a member of a Scheduled Caste or a Scheduled Tribe for having voted or not having voted for a particular candidate or for having voted in a manner provided by law;
(p) institutes false, malicious or vexatious suit or criminal or other legal proceedings against a member of a Scheduled Caste or a Scheduled Tribe;
(q) gives any false or frivolous information to any public servant and thereby causes such public servant to use his lawful power to the injury or annoyance of a member of a Scheduled Caste or a Scheduled Tribe;
(r) intentionally insults or intimidates with intent to humiliate a member of a Scheduled Caste or a Scheduled Tribe in any place within public view;
(s) abuses any member of a Scheduled Caste or a Scheduled Tribe by caste name in any place within public view;
(t) destroys, damages or defiles any object generally known to be held sacred or in high esteem by members of the Scheduled Castes or the Scheduled Tribes.
Explanation.—For the purposes of this clause, the expression “object” means and includes statue, photograph and portrait;
(u) by words either written or spoken or by signs or by visible representation or otherwise promotes or attempts to promote feelings of enmity, hatred or ill-will against members of the Scheduled Castes or the Scheduled Tribes;
(v) by words either written or spoken or by any other means disrespects any late person held in high esteem by members of the Scheduled Castes or the Scheduled Tribes;
(w) (i) intentionally touches a woman belonging to a Scheduled Caste or a Scheduled Tribe, knowing that she belongs to a Scheduled Caste or a Scheduled Tribe, when such act of touching is of a sexual nature and is without the recipient’s consent;
(ii) uses words, acts or gestures of a sexual nature towards a woman belonging to a Scheduled Caste or a Scheduled Tribe, knowing that she belongs to a Scheduled Caste or a Scheduled Tribe.
Explanation.—For the purposes of sub-clause (i), the expression “consent” means an unequivocal voluntary agreement when the person by words, gestures, or any form of non-verbal communication, communicates willingness to participate in the specific act:
Provided that a woman belonging to a Scheduled Caste or a Scheduled Tribe who does not offer physical resistance to any act of a sexual nature is not by reason only of that fact, is to be regarded as consenting to the sexual activity:
Provided further that a woman’s sexual history, including with the offender shall not imply consent or mitigate the offence;
(x) corrupts or fouls the water of any spring, reservoir or any other source ordinarily used by members of the Scheduled Castes or the Scheduled Tribes so as to render it less fit for the purpose for which it is ordinarily used;
(y) denies a member of a Scheduled Caste or a Scheduled Tribe any customary right of passage to a place of public resort or obstructs such member so as to prevent him from using or having access to a place of public resort to which other members of public or any other section thereof have a right to use or access to;
(z) forces or causes a member of a Scheduled Caste or a Scheduled Tribe to leave his house, village or other place of residence:
Provided that nothing contained in this clause shall apply to any action taken in discharge of a public duty;
(za) obstructs or prevents a member of a Scheduled Caste or a Scheduled Tribe in any manner with regard to—
(A) using common property resources of an area, or burial or cremation ground equally with others or using any river, stream, spring, well, tank, cistern, water-tap or other watering place, or any bathing ghat, any public conveyance, any road, or passage;
(B) mounting or riding bicycles or motor cycles or wearing footwear or new clothes in public places or taking out wedding procession, or mounting a horse or any other vehicle during wedding processions;
(C) entering any place of worship which is open to the public or other persons professing the same religion or taking part in, or taking out, any religious, social or cultural processions including jatras;
(D) entering any educational institution, hospital, dispensary, primary health centre, shop or place of public entertainment or any other public place; or using any utensils or articles meant for public use in any place open to the public; or
(E) practicing any profession or the carrying on of any occupation, trade or business or employment in any job which other members of the public, or any section thereof, have a right to use or have access to;
(zb) causes physical harm or mental agony of a member of a Scheduled Caste or a Scheduled Tribe on the allegation of practicing witchcraft or being a witch; or
(zc) imposes or threatens a social or economic boycott of any person or a family or a group belonging to a Scheduled Caste or a Scheduled Tribe,
shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to five years and with fine.
(2) Whoever, not being a member of a Scheduled Caste or a Scheduled Tribe,—
(i) gives or fabricates false evidence intending thereby to cause, or knowing it to be likely that he will thereby cause, any member of a Scheduled Caste or a Scheduled Tribe to be convicted of an offence which is capital by the law for the time being in force shall be punished with imprisonment for life and with fine; and if an innocent member of a Scheduled Caste or a Scheduled Tribe be convicted and executed in consequence of such false or fabricated evidence, the person who gives or fabricates such false evidence, shall be punished with death;
(ii) gives or fabricates false evidence intending thereby to cause, or knowing it to be likely that he will thereby cause, any member of a Scheduled Caste or a Scheduled Tribe to be convicted of an offence which is not capital but punishable with imprisonment for a term of seven years or upwards, shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to seven years or upwards and with fine;
(iii) commits mischief by fire or any explosive substance intending to cause or knowing it to be likely that he will thereby cause damage to any property belonging to a member of a Scheduled Caste or a Scheduled Tribe, shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to seven years and with fine;
(iv) commits mischief by fire or any explosive substance intending to cause or knowing it to be likely that he will thereby cause destruction of any building which is ordinarily used as a place of worship or as a place for human dwelling or as a place for custody of the property by a member of a Scheduled Caste or a Scheduled Tribe, shall be punishable with imprisonment for life and with fine;
(v) commits any offence under the Indian Penal Code (45 of 1860) punishable with imprisonment for a term of ten years or more against a person or property knowing that such person is a member of a Scheduled Caste or a Scheduled Tribe or such property belongs to such member, shall be punishable with imprisonment for life and with fine;
(va) commits any offence specified in the Schedule, against a person or property, knowing that such person is a member of a Scheduled Caste or a Scheduled Tribe or such property belongs to such member, shall be punishable with such punishment as specified under the Indian Penal Code (45 of 1860) for such offences and shall also be liable to fine;
(vi) knowingly or having reason to believe that an offence has been committed under this Chapter, causes any evidence of the commission of that offence to disappear with the intention of screening the offender from legal punishment, or with that intention gives any information respecting the offence which he knows or believes to be false, shall be punishable with the punishment provided for that offence; or
(vii) being a public servant, commits any offence under this section, shall be punishable with imprisonment for a term which shall not be less than one year but which may extend to the punishment provided for that offence.
Amendments to this section
- Subs. by s. 4, ibid., for sub-section (1) (w.e.f. 26-1-2016).
- Subs. by Act 1 of 2016, s. 4, for "on the ground that such person is a member of a Scheduled Caste or a Scheduled Tribe or such property belongs to such member" (w.e.f. 26-1-2016).
- Ins. by s. 4, ibid. (w.e.f. 26-1-2016).
- India Code prints this heading as "Punishments for offences atrocities". Other published texts of the Act read "Punishments for offences of atrocities", and the heading is printed here with the word "of".
Section 3 SC/ST Act in Simple Words
Section 3 SC/ST Act defines the offences of atrocities and sets their punishments, applying only when the offender is not a member of a Scheduled Caste or a Scheduled Tribe (Act 1 of 2016 amended Section 3 SC/ST Act from 26 January 2016). Under Section 3(1) SC/ST Act, clause (a) punishes putting an inedible or obnoxious substance into a member's mouth or forcing the member to eat or drink it, clause (b) punishes dumping excreta, sewage, carcasses, or other obnoxious substances in or at the entrance of a member's occupied premises, and clause (c) punishes dumping excreta, waste matter, carcasses, or other obnoxious substances in a member's neighbourhood with intent to cause injury, insult, or annoyance. Clause (d) covers garlanding a member with footwear or parading the member naked or semi-naked, and clause (e) covers forcibly committing acts derogatory to human dignity such as removing clothes, forcible head tonsuring, removing moustaches, or painting the face or body. Clause (f) covers wrongfully occupying, cultivating, or getting transferred land owned by, possessed by, allotted to, or notified by a competent authority for allotment to a member, while clause (g) covers wrongfully dispossessing a member from land or premises, interfering with rights (including forest rights) over land, premises, water, or irrigation facilities, or destroying crops or taking away produce. Under the Explanation to clauses (f) and (g), acting wrongfully includes acting against the member's will, without consent, with consent obtained through fear of death or hurt to the member or a person in whom the member is interested, or by fabricating land records.
Clause (h) of Section 3(1) SC/ST Act punishes making a member do begar or other forced or bonded labour, except compulsory service for public purposes imposed by the Government. Clause (i) covers compelling a member to dispose of or carry human or animal carcasses or dig graves, clause (j) covers making a member do manual scavenging or employing or permitting such employment, and clause (k) covers performing, promoting, or permitting the dedication of a Scheduled Caste or Scheduled Tribe woman as a devadasi (or any similar practice) to a deity, idol, object of worship, temple, or religious institution. Clause (l) punishes forcing, intimidating, or preventing a member so that the member does not vote, votes for a particular candidate, votes outside the manner provided by law, does not file or withdraws a candidate nomination, or does not propose or second a Scheduled Caste or Scheduled Tribe candidate in any election. Clause (m) covers forcing, intimidating, or obstructing a Scheduled Caste or Scheduled Tribe member, Chairperson, or other office-holder of a Panchayat (Part IX of the Constitution) or Municipality (Part IXA of the Constitution) from performing normal duties and functions. Clause (n) punishes post-poll hurt, grievous hurt, assault, social or economic boycott (actual or threatened), or blocking due public service benefits, while clause (o) punishes committing any offence under the SC/ST Act against a member for voting or not voting for a particular candidate or voting lawfully. Clause (p) covers instituting false, malicious, or vexatious civil, criminal, or other legal proceedings against a member, and clause (q) covers giving false or frivolous information to a public servant and thereby causing that public servant to use lawful power to injure or annoy a member.
Clause (r) of Section 3(1) SC/ST Act punishes intentionally insulting or intimidating a member with intent to humiliate in any place within public view, and clause (s) punishes abusing any member by caste name in any place within public view. Clause (t) covers destroying, damaging, or defiling any object widely known to be held sacred or in high esteem by Scheduled Caste or Scheduled Tribe members; its Explanation states that object means and includes a statue, photograph, and portrait. Clause (u) punishes promoting or attempting to promote enmity, hatred, or ill-will against Scheduled Caste or Scheduled Tribe members by spoken or written words, signs, visible representation, or otherwise, and clause (v) punishes disrespecting, by words or any other means, any late person held in high esteem by those communities. Clause (w) covers sexual offences against a Scheduled Caste or Scheduled Tribe woman committed knowing the woman's Scheduled Caste or Scheduled Tribe status: sub-clause (i) punishes intentional sexual touching without the recipient's consent, and sub-clause (ii) punishes sexual words, acts, or gestures towards the woman. Under the Explanation to sub-clause (i), consent means an unequivocal voluntary agreement where the woman communicates willingness for the specific act by words, gestures, or non-verbal communication; under the two provisos, lack of physical resistance alone is not treated as consent, and the woman's sexual history (including with the offender) neither implies consent nor mitigates the offence.
Clause (x) of Section 3(1) SC/ST Act punishes corrupting or fouling water of a spring, reservoir, or other source ordinarily used by Scheduled Caste or Scheduled Tribe members so as to make it less fit for its ordinary purpose, and clause (y) punishes denying a customary right of passage to a place of public resort or obstructing access to a place of public resort that other members of the public (or any section of the public) have a right to use or access. Clause (z) covers forcing or causing a member to leave a house, village, or other residence, subject to a proviso excluding any action taken in discharge of a public duty. Clause (za) punishes obstructing or preventing a member in any manner regarding: (A) equal use of common property resources, burial or cremation grounds, rivers, streams, springs, wells, tanks, cisterns, water-taps, watering places, bathing ghats, public conveyances, roads, or passages; (B) mounting or riding bicycles or motorcycles, wearing footwear or new clothes in public places, taking out wedding processions, or mounting a horse or vehicle in wedding processions; (C) entering public places of worship or places open to others of the same religion, or joining or taking out religious, social, or cultural processions including jatras; (D) entering educational institutions, hospitals, dispensaries, primary health centres, shops, places of public entertainment, or other public places, or using public-use utensils or articles there; or (E) practising any profession or carrying on any occupation, trade, business, or employment open to the public or any section of the public. Clause (zb) punishes causing physical harm or mental agony to a member on an allegation of practising witchcraft or being a witch, and clause (zc) punishes imposing or threatening a social or economic boycott of a Scheduled Caste or Scheduled Tribe person, family, or group. Every offence under Section 3(1) SC/ST Act carries imprisonment of not less than 6 months and up to 5 years, and a fine.
Section 3(2) SC/ST Act punishes aggravated offences committed by a person who is not a member of a Scheduled Caste or a Scheduled Tribe. Clause (i) covers giving or fabricating false evidence intending, or knowing it to be likely, to cause a member's conviction for a capital offence (an offence punishable with death), carrying life imprisonment and a fine, or death if an innocent member is convicted and executed as a consequence; clause (ii) covers such false or fabricated evidence for a non-capital offence punishable with 7 years imprisonment or upwards, carrying 6 months to 7 years or upwards imprisonment and a fine. Clause (iii) punishes mischief by fire or explosive substance intending, or knowing it to be likely, to damage a member's property (6 months to 7 years imprisonment and a fine), while clause (iv) punishes such mischief intending, or knowing it to be likely, to destroy a building ordinarily used by a member for worship, human dwelling, or property custody (life imprisonment and a fine). Clause (v) covers committing an Indian Penal Code offence punishable with 10 years imprisonment or more against a person or property knowing the Scheduled Caste or Scheduled Tribe status of the victim or property owner (life imprisonment and a fine), and clause (va) covers committing an offence listed in the Schedule to the SC/ST Act with that knowledge, carrying the Indian Penal Code punishment for that offence and making the offender liable to fine. The Act still refers to the Indian Penal Code, 1860, which the Bharatiya Nyaya Sanhita, 2023 (BNS) replaced from 1 July 2024. Clause (vi) punishes a person who, knowing or having reason to believe that an offence under Chapter II has been committed, causes evidence of that offence to disappear to screen the offender, or with that intention gives information about the offence that the person knows or believes to be false; it carries the punishment provided for that offence, and clause (vii) punishes a public servant committing any offence under Section 3 SC/ST Act with imprisonment of at least 1 year and up to the punishment provided for that offence.
Ingredients of Section 3 SC/ST Act
- The accused is not a member of a Scheduled Caste or a Scheduled Tribe (required by the opening words of both Section 3(1) and Section 3(2) SC/ST Act).
- The victim (or, in property clauses, the property owner) is a member of a Scheduled Caste or a Scheduled Tribe, or in collective clauses the act targets Scheduled Caste or Scheduled Tribe members (or, under Section 3(2)(vi) SC/ST Act, screens an offender in a Chapter II offence).
- For Section 3(1) SC/ST Act, the accused commits one of the acts listed in clauses (a) to (zc), along with any clause-specific requirement such as acting within public view in clauses (r) and (s), intent to humiliate in clause (r), or knowing the woman's status in clause (w).
- For Section 3(2)(i) to (iv) SC/ST Act, the accused gives or fabricates false evidence or commits mischief by fire or explosive substance intending to cause, or knowing it to be likely to cause, the specified conviction, property damage, or building destruction.
- For Section 3(2)(v) and Section 3(2)(va) SC/ST Act, the accused commits an Indian Penal Code offence punishable with 10 years imprisonment or more, or a Scheduled offence, knowing the Scheduled Caste or Scheduled Tribe status of the victim or property owner.
- For Section 3(2)(vii) SC/ST Act, the accused is a public servant (not being a Scheduled Caste or Scheduled Tribe member) who commits an offence under Section 3 SC/ST Act.
Punishment Under Section 3 SC/ST Act
Depends on the clause. Sub-section (1): at least 6 months, up to 5 years. Sub-section (2): up to imprisonment for life, and death under clause (i) where an innocent person is convicted and executed
Imprisonment and fine under sub-section (1) and clauses (i) to (v) of sub-section (2). Clause (va): liable to fine, in addition to the punishment
The SC/ST Act does not classify its offences, so Part II of the First Schedule to the BNSS decides it by the punishment. Every offence under sub-section (1) is punishable with up to 5 years, so it is cognizable and non-bailable. Clauses (i) to (v) of sub-section (2) are cognizable and non-bailable as well; clauses (va), (vi) and (vii) take the class of the punishment that applies. Sections 18 and 18A SC/ST Act shut out anticipatory bail under section 438 of the Code of Criminal Procedure, now Section 482 BNSS. 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.
Under Section 3(1) SC/ST Act, every offence carries imprisonment of at least 6 months and up to 5 years, and a fine. Under Section 3(2) SC/ST Act, clause (i) carries imprisonment for life and a fine, or death if an innocent member is convicted and executed; clause (ii) carries at least 6 months and up to 7 years or upwards, and a fine; clause (iii) carries at least 6 months and up to 7 years, and a fine; clauses (iv) and (v) carry imprisonment for life and a fine; clause (va) carries the Indian Penal Code punishment for the offence, and the offender is also liable to fine; clause (vi) carries the punishment provided for the offence screened; and clause (vii) carries at least 1 year for a public servant, up to the punishment provided for that offence. Under Part II of the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), offences under Section 3(1) and Section 3(2)(i) to (v) SC/ST Act are cognizable (police can register an FIR and arrest without a warrant) and non-bailable (bail is not a right and requires a court order); clauses (va), (vi) and (vii) take the class of the punishment that applies. Sections 18 and 18A SC/ST Act bar anticipatory bail (pre-arrest bail) under section 438 of the Code of Criminal Procedure, now Section 482 BNSS. Under Section 14 SC/ST Act, a Special Court or Exclusive Special Court tries these offences, and the Act has no provision for compounding (the parties cannot settle the case to end the prosecution).
Example of Section 3 SC/ST Act
When Section 3 SC/ST Act Does Not Apply
- Section 3 SC/ST Act does not apply where the accused is a member of a Scheduled Caste or a Scheduled Tribe, because both Section 3(1) and Section 3(2) SC/ST Act apply only to a person not being a member of a Scheduled Caste or a Scheduled Tribe.
- Under Section 3(1)(h) SC/ST Act, compulsory service for public purposes imposed by the Government is excluded from the offence of making a member do begar or other forced or bonded labour.
- Under the proviso to Section 3(1)(z) SC/ST Act, the offence of forcing or causing a member to leave a house, village, or other place of residence does not apply to any action taken in discharge of a public duty.
FAQs on Section 3 SC/ST Act
What is Section 3 SC/ST Act?▼
Section 3 SC/ST Act is the core offence provision of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, defining atrocities committed against Scheduled Caste and Scheduled Tribe members by persons outside those communities. Sub-section (1) punishes offences in clauses (a) to (zc) with 6 months to 5 years imprisonment and a fine, while sub-section (2) punishes graver offences in clauses (i) to (vii) with terms up to life imprisonment, or death under clause (i).
Can a member of a Scheduled Caste or a Scheduled Tribe be prosecuted under Section 3 SC/ST Act?▼
No. Both Section 3(1) and Section 3(2) SC/ST Act apply only to an offender who is not a member of a Scheduled Caste or a Scheduled Tribe.
Is anticipatory bail available to a person accused under Section 3 SC/ST Act?▼
As a rule, no. Under Sections 18 and 18A SC/ST Act, anticipatory bail (bail before arrest) under section 438 of the Code of Criminal Procedure, now Section 482 BNSS, is barred for offences under the SC/ST Act. In Prathvi Raj Chauhan v. Union of India (2020), the Supreme Court upheld the bar but held that a court may still grant anticipatory bail where the complaint does not make out a prima facie case under the Act. Offences under Section 3(1) and Section 3(2)(i) to (v) SC/ST Act are cognizable and non-bailable under Part II of the First Schedule to the BNSS.
Which court tries offences under Section 3 SC/ST Act?▼
The Special Court or the Exclusive Special Court. Under Section 14 SC/ST Act, either of those courts tries offences under Section 3 SC/ST Act.
Can the victim and the accused settle and compound an offence under Section 3 SC/ST Act?▼
No. The SC/ST Act has no provision allowing an offence under Section 3 SC/ST Act to be compounded, so the parties cannot close the prosecution by private settlement.
Do insults or caste-name abuse under Section 3(1)(r) and Section 3(1)(s) SC/ST Act have to happen within public view?▼
Yes. Section 3(1)(r) SC/ST Act requires the intentional insult or intimidation with intent to humiliate to take place in any place within public view, and Section 3(1)(s) SC/ST Act requires the abuse by caste name to occur in any place within public view.
Does a public servant face a higher minimum prison term for committing an offence under Section 3 SC/ST Act?▼
Yes. Under Section 3(2)(vii) SC/ST Act, a public servant who is not a member of a Scheduled Caste or a Scheduled Tribe and commits any offence under Section 3 SC/ST Act faces at least 1 year of imprisonment, up to the punishment provided for that offence.
Does lack of physical resistance count as consent under Section 3(1)(w)(i) SC/ST Act?▼
No. Under the first proviso to Section 3(1)(w) SC/ST Act, a Scheduled Caste or Scheduled Tribe woman who does not offer physical resistance to a sexual act is not, for that reason alone, treated as consenting. Under the second proviso, the woman's sexual history, including with the offender, neither implies consent nor mitigates the offence.
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Sources: Bare Act Text, Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 ·