Section 5 SC/ST Act: Enhanced punishment for subsequent conviction
Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989
Section 5 SC/ST Act at a Glance
Section 5 SC/ST Act sets enhanced punishment when a person already convicted of a Chapter II offence is convicted again for a second or subsequent offence. Imprisonment is at least 1 year and up to the punishment provided for that offence.
At least 1 year, up to the punishment provided for the offence
Section 5 SC/ST Act Bare Act Text
5. Enhanced punishment for subsequent conviction.
Whoever, having already been convicted of an offence under this Chapter is convicted for the second offence or any offence subsequent to the second offence, 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
- India Code prints this heading as "Enhanced punishment subsequent conviction". Other published texts of the Act read "Enhanced punishment for subsequent conviction", and the heading is printed here with the word "for".
Section 5 SC/ST Act in Simple Words
Section 5 SC/ST Act prescribes a mandatory minimum prison sentence for repeat convictions under Chapter II (Offences of Atrocities) of the SC/ST Act. It applies when a person who has already been convicted of an offence under Chapter II (such as an atrocity offence under Section 3 SC/ST Act or neglect of duty under Section 4 SC/ST Act) is convicted again for a second offence or any further offence after the second offence.
On that second or later conviction, the offender is punishable with imprisonment for at least 1 year, and the term may extend up to the punishment provided for that underlying offence. Section 5 SC/ST Act sets a floor of 1 year of imprisonment while keeping the maximum sentence fixed for the underlying offence, and Section 5 SC/ST Act adds no separate fine of its own.
Cases involving Section 5 SC/ST Act are tried by the Special Court or the Exclusive Special Court constituted under Section 14 SC/ST Act. Because the SC/ST Act does not contain a separate classification schedule, cognizability and bail depend on the punishment provided for the underlying offence under Part II of the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), and the Act has no provision allowing an offence to be compounded.
Ingredients of Section 5 SC/ST Act
- The accused has already been convicted of an offence under Chapter II of the SC/ST Act.
- The accused is subsequently convicted for the second offence or any offence subsequent to the second offence.
Punishment Under Section 5 SC/ST Act
At least 1 year, up to the punishment provided for the offence
The class depends on the offence, because Part II of the First Schedule to the BNSS goes by the punishment. 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 5 SC/ST Act, a second or subsequent conviction carries mandatory imprisonment of at least 1 year, up to the punishment provided for that offence, with no separate fine added by Section 5 SC/ST Act. Whether the offence is cognizable (allowing police to register an FIR and arrest without a warrant) or bailable (giving a right to bail) depends on the punishment for the underlying offence under Part II of the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). Under Section 14 SC/ST Act, the Special Court or Exclusive Special Court tries the case, and the Act has no provision allowing the offence to be compounded (settled between the parties).
Example of Section 5 SC/ST Act
FAQs on Section 5 SC/ST Act
What is Section 5 SC/ST Act?▼
Section 5 SC/ST Act provides enhanced punishment when a person already convicted of an offence under Chapter II of the SC/ST Act is convicted again for a second or subsequent offence. The offender faces mandatory imprisonment of at least 1 year, extending up to the punishment provided for that offence.
What is the minimum imprisonment under Section 5 SC/ST Act?▼
At least 1 year. Under Section 5 SC/ST Act, imprisonment for a second or subsequent conviction cannot be less than 1 year and may extend up to the punishment provided for the offence.
Does Section 5 SC/ST Act apply without an earlier conviction under Chapter II?▼
No. Section 5 SC/ST Act applies only where a person has already been convicted of an offence under Chapter II of the SC/ST Act and is then convicted for a second or subsequent offence.
Which court tries offences involving Section 5 SC/ST Act?▼
The Special Court or the Exclusive Special Court. Under Section 14 SC/ST Act, offences under the Act are tried by the Special Court or Exclusive Special Court.
Can an offence covered by Section 5 SC/ST Act be compounded?▼
No. The SC/ST Act contains no provision allowing an offence under the Act to be compounded between the parties.
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Sources: Bare Act Text, Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 ·