Section 9 SC/ST Act: Conferment of powers

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

Section 9 SC/ST Act at a Glance

Section 9 SC/ST Act lets a State Government confer police powers, including arrest, investigation, and prosecution before a Special Court, on any State Government officer by Official Gazette notification. Police and other government officers must assist that officer.

Section 9 SC/ST Act Bare Act Text

9. Conferment of powers.

(1) Notwithstanding anything contained in the Code or in any other provision of this Act, the State Government may, if it considers it necessary or expedient so to do,—

(a) for the prevention of and for coping with any offence under this Act, or

(b) for any case or class or group of cases under this Act,

in any district or part thereof, confer, by notification in the Official Gazette, on any officer of the State Government, the powers exercisable by a police officer under the Code in such district or part thereof or, as the case may be, for such case or class or group of cases, and in particular, the powers of arrest, investigation and prosecution of persons before any Special Court.

(2) All officers of police and all other officers of Government shall assist the officer referred to in sub-section (1) in the execution of the provisions of this Act or any rule, scheme or order made thereunder.

(3) The provisions of the Code shall, so far as may be, apply to the exercise of the powers by an officer under sub-section (1).

Section 9 SC/ST Act in Simple Words

Section 9 SC/ST Act allows a State Government to vest police powers in any officer of the State Government to handle or prevent offences under the Act. Under Section 9(1) SC/ST Act, this power operates despite anything contained in the Code of Criminal Procedure, 1973 (defined as the Code in Section 2 SC/ST Act) or in any other provision of the SC/ST Act. If the State Government considers it necessary or expedient, the State Government may act either under clause (a) for preventing and coping with any offence under the SC/ST Act, or under clause (b) for any specific case, class of cases, or group of cases under the SC/ST Act.

To confer these powers under Section 9(1) SC/ST Act, the State Government must publish a notification in the Official Gazette, which is the official government journal for public legal notices. The notification may give any officer of the State Government the powers exercisable by a police officer under the Code within a specified district or part of a district, or for the specified case, class of cases, or group of cases. In particular, these conferred powers include the powers of arrest, investigation, and prosecution of persons before any Special Court (a court established under Section 14 SC/ST Act to try offences under the Act).

Under Section 9(2) SC/ST Act, all police officers and all other government officers must assist the officer empowered under Section 9(1) SC/ST Act in executing the provisions of the SC/ST Act or any rule, scheme, or order made under the Act. Under Section 9(3) SC/ST Act, the provisions of the Code apply, so far as may be, to the exercise of those powers by that officer. The Act still refers to the Code of Criminal Procedure, 1973, which the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) replaced from 1 July 2024.

When Section 9 SC/ST Act Applies

  • The State Government considers it necessary or expedient to confer powers either to prevent and cope with any offence under the SC/ST Act, or for any case, class of cases, or group of cases under the SC/ST Act.
  • The State Government issues a notification in the Official Gazette naming an officer of the State Government and specifying the district, part of a district, or the case, class, or group of cases.
  • The empowered State Government officer may exercise the powers of a police officer under the Code within that area or case scope, including arrest, investigation, and prosecution before any Special Court.
  • All police officers and all other government officers must assist the empowered officer in executing the SC/ST Act or any rule, scheme, or order made under the Act.
  • The provisions of the Code apply, so far as may be, when the empowered officer exercises the conferred powers.

Example of Section 9 SC/ST Act

To cope with offences under the SC/ST Act in a part of Vijayawada district, the State Government considers it necessary to confer police powers on Hemant, an officer of the State Government. The State Government publishes a notification in the Official Gazette under Section 9(1) SC/ST Act giving Hemant the powers of a police officer under the Code in that part of Vijayawada district, including arrest, investigation, and prosecution before the Special Court. During an investigation of an atrocity against a member of a Scheduled Tribe in that notified area, Swati, a local police officer, and other government officers assist Hemant as required by Section 9(2) SC/ST Act. When Hemant exercises the conferred powers, the provisions of the Code apply, so far as may be, under Section 9(3) SC/ST Act.

When Section 9 SC/ST Act Does Not Apply

  • Where the State Government has not issued a notification in the Official Gazette under Section 9(1) SC/ST Act conferring police powers on the State Government officer.
  • Matters outside the district, part of a district, or specific case, class of cases, or group of cases under the SC/ST Act specified in the Official Gazette notification under Section 9(1) SC/ST Act.

FAQs on Section 9 SC/ST Act

What is Section 9 SC/ST Act?▼

Section 9 SC/ST Act empowers a State Government, by notification in the Official Gazette, to confer the powers of a police officer on any officer of the State Government for preventing or coping with offences or handling cases under the Act. Section 9 SC/ST Act also requires all police and other government officers to assist that empowered officer and applies the Code of Criminal Procedure, 1973, so far as may be, to the exercise of those powers.

Who can confer police powers on a State Government officer under Section 9 SC/ST Act?▼

The State Government. Under Section 9(1) SC/ST Act, the State Government may confer those powers if the State Government considers it necessary or expedient to do so, by publishing a notification in the Official Gazette.

What specific powers can be given to an officer under Section 9(1) SC/ST Act?▼

Powers exercisable by a police officer under the Code, including arrest, investigation, and prosecution before any Special Court. Section 9(1) SC/ST Act allows these powers to be conferred for a whole district, part of a district, or a specific case, class of cases, or group of cases under the Act.

Must regular police officers assist an officer empowered under Section 9(1) SC/ST Act?▼

Yes. Section 9(2) SC/ST Act requires all police officers and all other government officers to assist the empowered officer in executing the SC/ST Act or any rule, scheme, or order made under the Act.

Does Section 9(1) SC/ST Act operate despite restrictions in the Code of Criminal Procedure, 1973?▼

Yes. Section 9(1) SC/ST Act expressly operates despite anything contained in the Code of Criminal Procedure, 1973 or in any other provision of the SC/ST Act. Once powers are conferred, Section 9(3) SC/ST Act applies the provisions of the Code, so far as may be, when the officer exercises them.

Does Section 9 SC/ST Act create an offence of its own?▼

No. Section 9 SC/ST Act is an enabling provision on the conferment of powers and creates no offence of its own.

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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 ·