LawRato

how to file atrocity case. how to proceed


04-Oct-2023 (In Criminal Law)
i would like to know how and whom to address while filing an atrocity case on a guy who promised to marry later denied cz of caste.. I belong to SC and he OC.currently he is in abroad.already registered anFIR @ local ps and complaint registered @NCW.. please help me with what else can be done
Answers (2)

Answer #1
147 votes

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:

  1. 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.

  2. 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).

  3. After the police register the complaint, they will conduct an investigation into the matter.

  4. Based on the investigation report, the police will either submit a charge sheet or a closure report to the concerned magistrate's court.

  5. If the police submit a charge sheet, the court will take cognizance of the offence and start the trial.

  6. During the trial, you will need to provide evidence and witnesses to prove the offence.

  7. If the court finds the accused guilty, it will pronounce the verdict and pass the appropriate sentence.

  8. 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. 


People also ask

What is punishment under SC ST Act?

The maximum punishment period is one year. The Act provides that a subsequent conviction will not result in a punishment of less than one-year, but can be extended up to the maximum punishment for the particular offence. 03-May-2023

What comes under atrocity?

This Act, which was passed in 1989, was the first to define 'atrocity. It is an offense punishable by sections 3(1) and section 3(2) of this Act. It is a quality that is shockingly cruel and unhumane. The term crime refers to an act punishable under law.

What is the compensation for SC ST victims?

According to sources, under the Scheduled Castes and Scheduled Tribes Act 1989 (Prevention of Atrocities Act), SC/ST victims of crimes would receive compensation ranging from Rs 2 lakh up to Rs 8 lakh based on the type of crime committed against them. 25-Jul-2023

  
Answer #2
739 votes
Hi, your complaint need to be addressed to ACP of the concerned jurisdiction then police officials will do the enquiry and then files the charge sheet in the court. After this process accused will be called to India and he will be facing the trail.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

Report abuse?

Comments by Users

Jitendra Mahato
If ACP is misusing his power and not allow police constable to write FIR.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."