SC/ST ACT PRE LEVEL 3

Regarding Section 2 (Definitions):<br><br>(1) What is the fallback rule for terms not defined in this Act?<br>(2) Who is explicitly included in the definition of "dependent" under Sec 2(1)(bb)?<br>(3) What does "victim" encompass under Sec 2(1)(ec)?

(1) Fallback Rule: Under Sec 2(1)(f), they **shall** be deemed to have the meanings assigned in the IPC, Indian Evidence Act, or CrPC.<br><br>(2) Dependent: Spouse, children, parents, brother, and sister wholly/mainly dependent on the victim.<br><br>(3) Victim Scope: Includes the individual who suffered harm, plus their relatives, legal guardian, and legal heirs.

Regarding Section 3(1) & (2) (Punishments for offences atrocities):<br><br>(1) What is the core mens rea trap for aggravated offences under 3(2)(v) and 3(2)(va)?<br>(2) What is the statutory proviso regarding "consent" in sexual acts under 3(1)(w)?<br>(3) What is the penalty for fabricating false evidence leading to the execution of an innocent SC/ST member under 3(2)(i)?

(1) Mens Rea Trap: The offender must commit the act **knowing** that the person is a member of an SC/ST or the property belongs to such member.<br><br>(2) Consent Proviso: A woman's lack of physical resistance **shall** not be regarded as consent, and her sexual history **shall** not imply consent or mitigate the offence.<br><br>(3) Death Penalty: The person who gives/fabricates the false evidence **shall** be punished with death.

Regarding Section 4 (Punishment for neglect of duties):<br><br>(1) What is the exact timeline for an investigating officer to file a charge sheet?<br>(2) Which court takes cognizance of this duty neglect?<br>(3) What is the mandatory prerequisite before booking charges against the public servant?

(1) Timeline: **Shall** file the charge sheet within a period of 60 days and explain any delay in writing (Sec 4(2)(e)).<br><br>(2) Court: The Special Court or the Exclusive Special Court **shall** take cognizance (Sec 4(3)).<br><br>(3) Prerequisite: Charges **shall** be booked on the recommendation of an administrative enquiry.

Regarding Section 7 & 8 (Forfeiture & Presumptions):<br><br>(1) Is property forfeiture mandatory upon conviction?<br>(2) What happens if the accused provides financial assistance to the offender?<br>(3) What happens if the offence is a sequel to a land dispute?

(1) Forfeiture rule: No, under Sec 7(1) the court **may** declare property used in the offence forfeited. However, under Sec 7(2), attached property **shall** be liable to forfeiture to realize any fine.<br><br>(2) Financial Assistance: The Special Court **shall presume** (mandatory) that such person abetted the offence, unless proved otherwise (Sec 8(a)).<br><br>(3) Land Dispute: The Court **shall presume** the offence was committed in furtherance of common intention/object (Sec 8(b)).

Regarding Section 9 (Conferment of powers):<br><br>(1) What overriding effect does this section have?<br>(2) Who has the power to confer police powers?<br>(3) Upon whom can these powers be conferred?

(1) Overriding effect: It applies notwithstanding anything contained in the Code (CrPC) or any other provision of this Act.<br><br>(2) Empowered Authority: The State Government **may** confer these powers by notification.<br><br>(3) Target personnel: Any officer of the State Government.

Regarding The Schedule & Section 3(2)(va):<br><br>(1) How does the Schedule function in the Act?<br>(2) What are some examples of IPC offences listed in the Schedule?<br>(3) What is the penalty rule for these Scheduled offences under the Act?

(1) Function: It lists specific IPC offences that trigger enhanced penalties if committed by a non-SC/ST against an SC/ST member or their property.<br><br>(2) Examples: Criminal conspiracy (120B), Rioting armed with deadly weapon (148), Acid attack (326B), Sexual harassment (354A), Voyeurism (354C), Kidnapping (359).<br><br>(3) Penalty Rule: The offender **shall** be punishable with the specific punishment provided under the IPC for that offence, and **shall** also be liable to fine.