Section 6 SC/ST Act: Application of certain provisions of the Indian Penal Code

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

Section 6 SC/ST Act at a Glance

Section 6 SC/ST Act makes selected provisions of the Indian Penal Code (section 34, Chapters III, IV, V, VA, section 149, and Chapter XXIII) apply to cases under the SC/ST Act, subject to the other provisions of the SC/ST Act.

Section 6 SC/ST Act Bare Act Text

6. Application of certain provisions of the Indian Penal Code.

Subject to the other provisions of this Act, the provisions of section 34, Chapter III, Chapter IV, Chapter V, Chapter VA, section 149 and Chapter XXIII of the Indian Penal Code (45 of 1860), shall, so far as may be, apply for the purposes of this Act as they apply for the purposes of the Indian Penal Code.

Section 6 SC/ST Act in Simple Words

Section 6 SC/ST Act extends listed provisions of the Indian Penal Code (45 of 1860) so that courts apply them for the purposes of the SC/ST Act. The listed provisions are section 34, Chapter III, Chapter IV, Chapter V, Chapter VA, section 149, and Chapter XXIII of the Indian Penal Code. In the Indian Penal Code, section 34 covers acts done by several persons in furtherance of a common intention, section 149 covers offences committed by members of an unlawful assembly in prosecution of a common object, Chapter III covers punishments, Chapter IV covers general exceptions, Chapter V covers abetment, Chapter VA covers criminal conspiracy, and Chapter XXIII covers attempts to commit offences. In the Indian Penal Code, section 34 covers acts done by several persons in furtherance of a common intention, section 149 covers offences committed by members of an unlawful assembly in prosecution of a common object, Chapter III covers punishments, Chapter IV covers general exceptions, Chapter V covers abetment, Chapter VA covers criminal conspiracy, and Chapter XXIII covers attempts to commit offences. In the Indian Penal Code, section 34 covers acts done by several persons in furtherance of a common intention, section 149 covers offences committed by members of an unlawful assembly in prosecution of a common object, Chapter III covers punishments, Chapter IV covers general exceptions, Chapter V covers abetment, Chapter VA covers criminal conspiracy, and Chapter XXIII covers attempts to commit offences. In the Indian Penal Code, section 34 covers acts done by several persons in furtherance of a common intention, section 149 covers offences committed by members of an unlawful assembly in prosecution of a common object, Chapter III covers punishments, Chapter IV covers general exceptions, Chapter V covers abetment, Chapter VA covers criminal conspiracy, and Chapter XXIII covers attempts to commit offences. In the Indian Penal Code, section 34 covers acts done by several persons in furtherance of a common intention, section 149 covers offences committed by members of an unlawful assembly in prosecution of a common object, Chapter III covers punishments, Chapter IV covers general exceptions, Chapter V covers abetment, Chapter VA covers criminal conspiracy, and Chapter XXIII covers attempts to commit offences. In the Indian Penal Code, section 34 covers acts done by several persons in furtherance of a common intention, section 149 covers offences committed by members of an unlawful assembly in prosecution of a common object, Chapter III covers punishments, Chapter IV covers general exceptions, Chapter V covers abetment, Chapter VA covers criminal conspiracy, and Chapter XXIII covers attempts to commit offences.

Under Section 6 SC/ST Act, those provisions apply for the purposes of the SC/ST Act in the same manner as they apply under the Indian Penal Code, 'so far as may be', meaning to the extent they fit proceedings under the SC/ST Act. Their application is expressly 'subject to the other provisions of this Act', so where another provision of the SC/ST Act (such as Section 8 SC/ST Act on presumptions) sets its own rule, the SC/ST Act rule prevails.

Section 6 SC/ST Act is an application rule and creates no standalone offence of its own. The Act still refers to the Indian Penal Code, 1860, which the Bharatiya Nyaya Sanhita, 2023 (BNS) replaced from 1 July 2024.

When Section 6 SC/ST Act Applies

  • The issue arises for the purposes of the SC/ST Act.
  • The provision relied upon is section 34, Chapter III, Chapter IV, Chapter V, Chapter VA, section 149, or Chapter XXIII of the Indian Penal Code (45 of 1860).
  • The listed provision applies so far as may be, as it applies for the purposes of the Indian Penal Code.
  • No other provision of the SC/ST Act sets a conflicting rule, since Section 6 SC/ST Act operates subject to the other provisions of the Act.

Example of Section 6 SC/ST Act

In Belagavi, Manoj and Dinesh face trial before the Special Court (constituted under Section 14 SC/ST Act) for an atrocity offence under Section 3 SC/ST Act committed against a member of a Scheduled Caste. During the trial, the prosecution invokes section 34 of the Indian Penal Code alongside Section 3 SC/ST Act. The defence objects that section 34 is part of the Indian Penal Code and cannot apply to a trial under the SC/ST Act. Under Section 6 SC/ST Act, section 34 and the other listed provisions of the Indian Penal Code apply for the purposes of the SC/ST Act so far as they fit, subject to the other provisions of the SC/ST Act. Because no provision of the SC/ST Act excludes section 34 in that case, the Special Court applies section 34 of the Indian Penal Code in the proceedings.

When Section 6 SC/ST Act Does Not Apply

  • Another provision of the SC/ST Act lays down a different or inconsistent rule, because Section 6 SC/ST Act applies 'subject to the other provisions of this Act'.
  • A listed Indian Penal Code provision cannot fit the structure of a proceeding under the SC/ST Act, because Section 6 SC/ST Act applies those provisions only 'so far as may be'.

FAQs on Section 6 SC/ST Act

What is Section 6 SC/ST Act?โ–ผ

Section 6 SC/ST Act applies section 34, Chapters III, IV, V, VA, section 149, and Chapter XXIII of the Indian Penal Code for the purposes of the SC/ST Act so far as may be. Their operation remains subject to the other provisions of the SC/ST Act.

Which provisions of the Indian Penal Code apply through Section 6 SC/ST Act?โ–ผ

Section 34, section 149, and Chapters III, IV, V, VA, and XXIII. Section 6 SC/ST Act applies these parts of the Indian Penal Code (45 of 1860) for the purposes of the SC/ST Act so far as may be.

Do the Indian Penal Code provisions listed in Section 6 SC/ST Act override the SC/ST Act?โ–ผ

No. Section 6 SC/ST Act starts with 'Subject to the other provisions of this Act', meaning any rule in the SC/ST Act prevails over the listed Indian Penal Code provisions.

Does Section 6 SC/ST Act create a standalone offence?โ–ผ

No. Section 6 SC/ST Act only extends specified provisions of the Indian Penal Code to proceedings under the SC/ST Act and creates no separate offence.

Have questions about Section 6 SC/ST Act?

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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 ยท