Section 4 SC/ST Act: Punishment for neglect of duties

Section 4 SC/ST Act Bare Act Text

4. Punishment for neglect of duties.

(1) Whoever, being a public servant but not being a member of a Scheduled Caste or a Scheduled Tribe, wilfully neglects his duties required to be performed by him under this Act and the rules made thereunder, shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to one year.

(2) The duties of public servant referred to in sub-section (1) shall include—

(a) to read out to an informant the information given orally, and reduced to writing by the officer in charge of the police station, before taking the signature of the informant;

(b) to register a complaint or a First Information Report under this Act and other relevant provisions and to register it under appropriate sections of this Act;

(c) to furnish a copy of the information so recorded forthwith to the informant;

(d) to record the statement of the victims or witnesses;

(e) to conduct the investigation and file charge sheet in the Special Court or the Exclusive Special Court within a period of sixty days, and to explain the delay if any, in writing;

(f) to correctly prepare, frame and translate any document or electronic record;

(g) to perform any other duty specified in this Act or the rules made thereunder:

Provided that the charges in this regard against the public servant shall be booked on the recommendation of an administrative enquiry.

(3) The cognizance in respect of any dereliction of duty referred to in sub-section (2) by a public servant shall be taken by the Special Court or the Exclusive Special Court and shall give direction for penal proceedings against such public servant.

Section 4 SC/ST Act in Simple Words

Ingredients of Section 4 SC/ST Act

• The accused is a public servant.
• The public servant is not a member of a Scheduled Caste or a Scheduled Tribe.
• The public servant has a duty required to be performed under the SC/ST Act or the rules made under it, including the duties listed in Section 4(2) SC/ST Act.
• The public servant wilfully neglects that duty.

Punishment Under Section 4 SC/ST Act

Wilful neglect of duty under Section 4 SC/ST Act is punishable with imprisonment for at least 6 months and up to 1 year, with no fine provided. Under Part II of the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), the offence is non-cognizable (police cannot register an FIR or investigate without a court order) and bailable (the accused can claim bail as of right), and it is not compoundable (cannot be settled between the parties). Charges are booked only on the recommendation of an administrative enquiry, and the Special Court or Exclusive Special Court takes cognizance and tries the offence.

Example of Section 4 SC/ST Act

When Section 4 SC/ST Act Does Not Apply

• The public servant is a member of a Scheduled Caste or a Scheduled Tribe, as Section 4(1) SC/ST Act expressly excludes such public servants.
• No administrative enquiry has recommended booking charges against the public servant, as required by the proviso to Section 4(2) SC/ST Act.
• The lapse is not wilful neglect, since Section 4(1) SC/ST Act applies only where a public servant wilfully neglects duties under the Act and its rules.

FAQs on Section 4 SC/ST Act

Sections Related to Section 4 SC/ST Act