Who Can Be Made an Accused under the SC/ST (Prevention of Atrocities) Act, 1989? – Complete Legal Guide
Direct Answer
Only a person who does not belong to a Scheduled Caste or a Scheduled Tribe can ordinarily be made an accused under the SC/ST (Prevention of Atrocities) Act, 1989 if they commit or abet a caste-based offense against an SC/ST person as defined under Section 3 of the Act.
Introduction
The SC/ST (Prevention of Atrocities) Act, 1989 is a special criminal legislation enacted to protect members of Scheduled Castes (SC) and Scheduled Tribes (ST) from caste-based discrimination, humiliation, exploitation, and violence. The Act was introduced because existing criminal laws like the Indian Penal Code (now Bharatiya Nyaya Sanhita) were found inadequate to address the unique nature of caste atrocities and systemic oppression.
One of the most frequently asked and legally critical questions is: Who can be made an accused under the SC/ST (Prevention of Atrocities) Act, 1989?
This question is important not only for victims seeking justice but also for individuals and public servants who fear false implication or want to understand the legal boundaries of liability under this stringent law.
This article explains in depth:
- The legal eligibility of an accused person under the Act
- Whether SC/ST persons can be accused under the Act
- The role of public servants, companies, and institutions
- Liability of abettors and conspirators
- Juvenile offenders and group offenses
- Important Supreme Court rulings
- Safeguards against misuse
1. Purpose and Structure of the SC/ST (Prevention of Atrocities) Act, 1989
The SC/ST (Prevention of Atrocities) Act, 1989 was enacted with a clear legislative intent to:
- Prevent atrocities against SC/ST persons
- Provide special courts for speedy trials
- Ensure relief and rehabilitation of victims
- Create deterrence through stringent punishments
- Hold public servants accountable for neglect of duty
Unlike general criminal laws, this Act is victim-centric and caste-specific. It criminalizes certain acts only when they are committed against an SC/ST person on the ground of caste. Therefore, the identity of both the victim and the accused becomes legally relevant.
2. Who Can Ordinarily Be Made an Accused under the SC/ST (Prevention of Atrocities) Act, 1989?
2.1 Non-SC/ST Persons as Primary Accused
The fundamental rule is:
Any person who does not belong to a Scheduled Caste or Scheduled Tribe can be made an accused under the SC/ST (Prevention of Atrocities) Act, 1989 if they commit any offense defined under Section 3 of the Act against an SC/ST person.
This includes:
- Private individuals
- Neighbours or co-villagers
- Employers or supervisors
- Landlords or business partners
- Politicians
- Contractors
- Government officials
- Teachers or professors
- Medical professionals
- Law enforcement officers
The Act is designed to curb caste-based dominance and social oppression by socially or economically dominant groups over historically marginalized SC/ST communities.
3. Can a Person Belonging to SC/ST Be Made an Accused under the SC/ST (Prevention of Atrocities) Act, 1989?
This is one of the most misunderstood legal issues.
3.1 General Rule
As a general rule, a person who himself belongs to a Scheduled Caste or a Scheduled Tribe cannot be made an accused under the SC/ST (Prevention of Atrocities) Act, 1989.
The rationale is simple:
- The Act is a protective law meant to shield SC/ST persons from caste-based oppression.
- It is not intended to regulate inter se disputes between members of the same SC/ST communities.
If both the complainant and the accused belong to SC/ST communities:
- The offense may still be prosecuted under the Bharatiya Nyaya Sanhita (BNS) or other criminal laws.
- But the special provisions of the PoA Act usually do not apply.
3.2 Exception – Abetment or Conspiracy with Non-SC/ST Accused
However, there is an important legal exception.
If a person belonging to SC/ST abets, conspires with, or actively assists a non-SC/ST person in committing an atrocity against another SC/ST person, such SC/ST person can also be made an accused under the SC/ST (Prevention of Atrocities) Act, 1989.
In such cases:
- The law focuses on the role played in facilitating the crime.
- The caste status of the abettor does not grant immunity.
4. Can Public Servants Be Made Accused under the SC/ST (Prevention of Atrocities) Act, 1989?
Yes. Public servants are not only liable under the Act but are subject to enhanced accountability.
4.1 Public Servants as Primary Offenders
Any public servant who:
- Abuses their official position to harass or humiliate an SC/ST person
- Wrongfully denies services or benefits
- Uses force or threats
- Commits sexual exploitation
- Illegally evicts an SC/ST person from land
- Fabricates false cases
- Engages in caste-based discrimination
can be made an accused under the SC/ST (Prevention of Atrocities) Act, 1989.
4.2 Public Servants for Neglect of Duty
Section 4 of the Act specifically criminalizes willful neglect of duty by public servants.
A public servant can be made an accused if they:
- Refuse to register an FIR
- Delay investigation without justification
- Protect or shield the accused
- Tamper with evidence
- Threaten or coerce the victim
- Fail to provide protection or relief
Punishment under Section 4 includes imprisonment and fine.
5. Can Companies, Institutions, or Organizations Be Made Accused?
The SC/ST (Prevention of Atrocities) Act, 1989 primarily targets individuals. However, in practical legal application:
- A company or institution itself is not prosecuted as a juristic person under this Act.
- But directors, managers, trustees, office-bearers, or responsible officials can be made accused if they personally commit or abet an offense.
For example:
- A factory owner denying wages or humiliating an SC/ST worker
- A school principal abusing an SC/ST student
- A hospital administrator refusing treatment
- A society chairman dispossessing an SC/ST member from property
In all such cases, the individuals in control can be prosecuted.
6. Can Multiple Persons Be Made Accused in One Case?
Yes. The Act recognizes group offenses.
6.1 Group Atrocities
If an atrocity is committed by:
- A mob
- A group of villagers
- A group of employees
- A political group
- A family or clan
then all persons who participated, instigated, or facilitated the offense can be made accused under the SC/ST (Prevention of Atrocities) Act, 1989.
6.2 Common Intention and Common Object
The principles of:
- Common intention (Section 34 BNS)
- Common object (Section 149 BNS)
are applied in PoA Act cases to fix joint criminal liability.
7. Can Juveniles Be Made Accused under the SC/ST (Prevention of Atrocities) Act, 1989?
Yes, but with procedural safeguards.
A minor can be made an accused under the SC/ST (Prevention of Atrocities) Act, 1989 if they commit an offense defined under the Act.
However:
- They are not tried in regular criminal courts.
- They are dealt with under the Juvenile Justice (Care and Protection of Children) Act.
- Their detention, inquiry, and rehabilitation follow juvenile justice norms.
8. Can a Woman Be Made an Accused under the SC/ST (Prevention of Atrocities) Act, 1989?
Yes. Gender is irrelevant for criminal liability.
Any woman who does not belong to SC/ST and commits or abets an atrocity against an SC/ST person can be made an accused under the SC/ST (Prevention of Atrocities) Act, 1989.
There is no legal immunity based on gender.
9. Can a Foreign National Be Made an Accused under the SC/ST (Prevention of Atrocities) Act, 1989?
Yes. Territorial jurisdiction applies.
Any foreign national who commits an offense under the SC/ST (Prevention of Atrocities) Act, 1989 within the territory of India can be made an accused.
This includes:
- Tourists
- Businesspersons
- Foreign employees
- Diplomats (subject to diplomatic immunity rules)
10. Can an Abettor or Conspirator Be Made an Accused?
Yes.
The Act clearly extends liability to:
- Abettors
- Instigators
- Conspirators
- Facilitators
Anyone who:
- Encourages the commission of an atrocity
- Provides resources or logistical support
- Threatens the victim
- Shields the main offender
- Helps destroy evidence
can be made an accused under the SC/ST (Prevention of Atrocities) Act, 1989.
11. What Conditions Must Be Satisfied to Make Someone an Accused?
For a person to be lawfully made an accused under the SC/ST (Prevention of Atrocities) Act, 1989, the following conditions must be satisfied:
- The victim must belong to SC or ST.
- The accused must not belong to SC or ST (subject to exceptions).
- The act must fall within Section 3 of the Act.
- The act must be motivated by caste identity.
- There must be prima facie evidence of the offense.
Mere personal disputes or civil disagreements without caste-based intent do not attract the Act.
12. Can a Person Be Falsely Made an Accused under the SC/ST (Prevention of Atrocities) Act, 1989?
Although the Act is protective, courts have acknowledged the possibility of misuse.
If a person is falsely implicated:
- They can seek quashing of FIR under Section 482 CrPC or Article 226.
- They can apply for regular bail.
- They can challenge illegal arrest.
- They can file defamation or malicious prosecution cases.
The Supreme Court has repeatedly emphasized that the Act should not be used as a weapon for vengeance or personal disputes.
13. Important Supreme Court Judgments on Accused Liability
13.1 Prathvi Raj Chauhan v. Union of India (2020)
The Supreme Court held that:
- Anticipatory bail is barred only if a prima facie case exists.
- Courts can intervene if allegations are patently false.
13.2 Hitesh Verma v. State of Uttarakhand (2020)
The Court clarified that:
- Purely civil disputes without caste-based intent do not attract the Act.
- The offense must be committed “on the ground that the victim belongs to SC/ST”.
14. Practical Implications for Accused Persons
If someone is made an accused under the SC/ST (Prevention of Atrocities) Act, 1989:
- They face immediate risk of arrest.
- Anticipatory bail is usually barred.
- The offense is non-bailable.
- The case is tried by a Special Court.
- Convictions attract stringent punishments.
Therefore, early legal consultation is critical.
Conclusion
The SC/ST (Prevention of Atrocities) Act, 1989 is a powerful and stringent law designed to protect Scheduled Castes and Scheduled Tribes from caste-based oppression, humiliation, and violence. Ordinarily, only a person who does not belong to an SC or ST community can be made an accused under the Act if they commit or abet an atrocity against an SC/ST person.
However, public servants, abettors, conspirators, juveniles, women, foreign nationals, and even SC/ST persons in exceptional circumstances can also be brought within the ambit of criminal liability.
At the same time, courts have evolved safeguards to prevent misuse and false implication. Whether you are a victim seeking justice or an accused defending your legal rights, understanding who can be made an accused under the SC/ST (Prevention of Atrocities) Act, 1989 is essential for navigating this complex legal landscape effectively.
This balanced understanding helps ensure that the law serves its true purpose of social justice without becoming an instrument of oppression itself.
Disclaimer: This information is intended for general guidance only and does not constitute legal advice. Please consult with a qualified lawyer for personalized advice specific to your situation.
Advocate J.S. Rohilla (Civil & Criminal Lawyer in Indore)
Contact: 88271 22304