How do I file an SC/ST atrocity case and proceed under the Atrocity Act?
17-Jul-2024 (In Criminal Law)
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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