How do I file an SC/ST atrocity case and proceed under the Atrocity Act?
17-Jul-2024 (In Criminal Law)
Short steps: confirm you are an SC/ST (keep your valid caste certificate) and preserve all proof that the promise and later refusal were caste'based (texts, WhatsApp/DMs where he says caste, witnesses, dates, photos). Ask the SHO in writing to add the relevant offences under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (Section 3 offences) to your FIR and attach your caste certificate; the Act is at IndiaCode. [https://www.indiacode.nic.in/handle/123456789/17492]. If police refuse or do not include SC/ST sections, send a written request to the SP and then move the Magistrate to direct investigation under the new criminal procedure (BNSS) -a Magistrate may order investigation on an application supported by affidavit; see BNSS "173,175. [https://www.mha.gov.in/sites/default/files/250884_2_english_01042024.pdf]. Keep in mind the Supreme Court has held FIR registration is mandatory where a cognizable offence is disclosed (Lalita Kumari v. Govt. of U.P.). [https://indiankanoon.org/doc/10239019/]. Also note Supreme Court guidance that courts will examine whether a prima facie atrocity offence is made out (Dr. Subhash Kashinath Mahajan v. State of Maharashtra) and the Parliament/Supreme Court have clarified the scope of Section 18/18A of the PoA Act (Prathvi Raj Chauhan v. Union of India); rely on those authorities if police or court treat the complaint as frivolous. [https://indiankanoon.org/doc/108728085/] [https://indiankanoon.org/doc/31336209/]. Practically, file a written supplement to the FIR with evidence, follow up with the SP/District Atrocities Cell and, if needed, file an application to the Magistrate under BNSS (or a private complaint under BNSS "173/223) asking the court to direct investigation; consult a local lawyer or legal'aid cell to draft the affidavit/application. For procedure under the new criminal laws (BNS, BNSS, BSA) see the official Gazettes. [BNS: https://www.mha.gov.in/sites/default/files/250883_english_01042024.pdf] [BNSS: https://www.mha.gov.in/sites/default/files/250884_2_english_01042024.pdf] [BSA: https://www.mha.gov.in/sites/default/files/250882_english_01042024.pdf].
Refusal to marry due to one's caste identity does not create a justiciable right under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. However, if sexual relations were sought on the pretext of marriage, then one has the right under the above Act.
Refusing to marry someone because of their caste identity after promising to do so — and using that promise to convince them to enter into a sexual relationship amounts to a false promise - one that was never intended to be fulfilled.
If consent to sexual intercourse is obtained based on a false promise, then it’s essentially a non-consensual sexual engagement. In other words, it amounts to the offence of rape.
The victim woman can file a case against such a man under the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 for caste-based atrocity - Section 3(1)(w) and Section 3(2)(v), and the Indian Penal Code, 1860 for Rape - Section 376.
It is important that after that episode the man and the woman should not have sexually engaged with each other any further.
Filing a case under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 involves several steps. Here's a general overview of the process:
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First, you need to lodge a complaint with the police station or the Superintendent of Police (SP) of the district where the incident took place.
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If the police refuse to register a complaint, you can approach the nearest magistrate's court and file a complaint under Section 156(3) of the Code of Criminal Procedure (CrPC).
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After the police register the complaint, they will conduct an investigation into the matter.
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Based on the investigation report, the police will either submit a charge sheet or a closure report to the concerned magistrate's court.
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If the police submit a charge sheet, the court will take cognizance of the offence and start the trial.
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During the trial, you will need to provide evidence and witnesses to prove the offence.
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If the court finds the accused guilty, it will pronounce the verdict and pass the appropriate sentence.
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If you are not satisfied with the verdict, you can appeal to the higher court.
It's important to note that the process of filing a case under the SC/ST Act may vary depending on the specific details of the case and the state where the incident occurred.
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