Home India Ministry of Law and Justice The Scheduled Castes and the Scheduled Tribes (Prevention of...
Date: 2014-03-04 Category: Extra Ordinary State: Union Government Country: India

The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Ordinance, 2014.

Issued by Ministry of Law and Justice · Legislative Department

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Executive Summary & Key Takeaways

**Executive Summary:** The Scheduled Castes and the Scheduled Tribes Prevention of Atrocities Amendment Ordinance, 2014, amends the 1989 Act to provide for Special Courts and Exclusive Special Courts. It introduces new definitions, substitutes existing sections, and inserts a new chapter on the rights of victims and witnesses. The ordinance came into force on March 4, 2014. **Key Points / Main Content:** * **Amendments to Long Title:** * The words "Special Courts and the Exclusive Special Courts" shall be substituted for the words "Special Courts" in the long title. * **New Definitions (Section 2):** * Defines "dependent," "economic boycott," "Exclusive Special Court," "forest rights," "manual scavenger," "public servant," "Schedule," "social boycott," "victim," and "witness." * **Amendment of Section 3:** * Substitutes subsection 1 with a list of offenses including: * Forcing consumption of inedible substances. * Dumping waste in premises occupied by a Scheduled Caste or Scheduled Tribe member. * Garlanding with footwear or parading naked. * Wrongfully occupying or dispossessing land. * Forcing begar or manual scavenging. * Preventing voting or filing nominations. * Obstructing members from performing duties in panchayats or municipalities. * Imposing social or economic boycotts. * Instituting false legal proceedings. * Insulting or intimidating in public view. * Destroying objects held sacred. * Promoting enmity or disrespecting deceased persons held in high esteem. * Sexual harassment. * Corrupting water sources. * Denying customary rights of passage. * Causing physical harm or mental agony on witchcraft allegations. * Obstructing usage of common property resources. * Adds clause (va) to subsection 2, specifying penalties under the Indian Penal Code for offenses against Scheduled Castes or Scheduled Tribes. * **Substitution of Section 4 (Neglect of Duties by Public Servant):** * Public servants not being members of a Scheduled Caste or a Scheduled Tribe who neglect duties under the Ordinance shall be imprisoned for a term between six months and one year. * Specifies duties including recording information, registering complaints, furnishing copies, recording statements, conducting investigations, preparing documents, and other duties. * **Amendment of Section 8:** * Substitutes “any financial assistance in relation to the offences committed by a person accused of” for "any financial assistance to a person accused of". * Inserts a clause that presumes the accused was aware of the victim's caste or tribal identity if the accused had personal knowledge of the victim or their family. * **Amendment of Section 10:** * Expands the restricted area to include any area identified under clause vii of subsection 2 of section 21 * Increases the punishment for contravention of the act from two to three years. * **Substitution of Section 14 (Special Courts):** * Requires State Governments to establish Exclusive Special Courts for speedy trials, with the concurrence of the Chief Justice of the High Court. * Allows for Courts of Session to be designated as Special Courts where cases are fewer. * Mandates day-to-day proceedings and disposal of cases within two months, as far as possible. * **Insertion of Section 14A (Appeals):** * Provides for appeals to the High Court from judgments of a Special Court or an Exclusive Special Court. * Allows appeals against orders granting or refusing bail. * Sets a 90-day deadline for appeals, extendable up to 180 days with sufficient cause. * Requires disposal of appeals within three months, as far as possible. * **Substitution of Section 15 (Special Public Prosecutor):** * Requires State Governments to specify a Public Prosecutor or appoint an advocate with at least seven years of practice as a Special Public Prosecutor for each Special Court or Exclusive Special Court. * **Insertion of Chapter IVA (Rights of Victims and Witnesses):** * Outlines the State's duty to protect victims and witnesses. * Ensures fair treatment of victims. * Grants victims the right to notice of proceedings, to apply to the Court to summon parties and to be heard. * Mandates protection, expenses, and rehabilitation for victims and witnesses. * Allows Courts to conceal identities and addresses of witnesses. * Requires video recording of proceedings. * Specifies a scheme for implementing rights and entitlements of victims and witnesses. * **Insertion of Schedule:** * Lists sections under the Indian Penal Code applicable to offenses. **Impact Analysis:** * **Scheduled Castes and Scheduled Tribes:** * *Impact:* Strengthened legal protection against atrocities, enhanced rights, and access to justice. * *Action Required:* Be aware of the expanded list of offenses and available legal recourse. * **Public Servants:** * *Impact:* Increased responsibility and accountability in preventing and addressing atrocities against Scheduled Castes and Scheduled Tribes, with potential penalties for neglect of duty. * *Action Required:* Familiarize themselves with their duties under the amended Act and ensure diligent performance of those duties. * **State Governments:** * *Impact:* Obligation to establish Exclusive Special Courts, appoint Special Public Prosecutors, and implement schemes for victim and witness protection. * *Action Required:* Establish courts, appoint prosecutors, and develop and implement victim and witness protection schemes. * **Courts:** * *Impact:* Expanded jurisdiction and responsibilities, including speedy trials and protection of victims and witnesses. * *Action Required:* Ensure efficient handling of cases under the Act and implement measures for victim and witness protection.

Key Entities Referenced

Scheduled Castes and the Scheduled Tribes Prevention of Atrocities Act, 1989: The principal Act being amended by this ordinance, aimed at preventing atrocities against Scheduled Castes and Scheduled Tribes. Scheduled Castes and the Scheduled Tribes Prevention of Atrocities Amendment Ordinance, 2014: The ordinance promulgated to amend the Scheduled Castes and the Scheduled Tribes Prevention of Atrocities Act, 1989. Scheduled Castes and the Scheduled Tribes Prevention of Atrocities Amendment Bill, 2013: The Bill that was introduced in the House of the People (Lok Sabha) but could not be passed, leading to the promulgation of the ordinance. Constitution: Refers to the Constitution of India, specifically article 123 which confers power to the president to promulgate ordinances during recess of Parliament. Indian Penal Code: A comprehensive code of criminal law in India, some sections of which are referenced within the ordinance. Code of Criminal Procedure, 1973: The main legislation on procedure for administration of criminal justice in India. High Court: Refers to the High Court, the appellate court for judgments from the Special Court or an Exclusive Special Court New Delhi: Location where the Ministry of Law and Justice is located and the place of publication for the Gazette of India.
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rE He Se Ve—(TA)04/0007/2003—14 REGISTERED NO. DL—(N)04/0007/2003—14 The Gazette of audia EXTRAORDINARY wT W— ae 1 PART II — Section 1 witere & weritra PUBLISHED BY AUTHORITY we 7] ag fereh, rere, ard 4, 2014/ WeTT 13, 1935 (3H) No.7] | NEW DELHI, TUESDAY, MARCH 4, 2014/PHALGUNA 13, 1935 (SAKA) wa F rs ys Ge at aie t fared fie ae seer Maer SH ETF Tal aa Separate paging is given to this Part in order that it may be filed as a separate compilation. MINISTRY OF LAW AND JUSTICE (Legislative Department) New Delhi, the 4th March, 2014/Phalguna 13, 1935 (Saka) THE SCHEDULED CASTES AND THE SCHEDULED TRIBES (PREVENTION OF ATROCITIES) AMENDMENT ORDINANCE, 2014 . (No. 1 oF 2014) Promulgated by the President in the Sixty-fifth Year of the Republic of India. An Ordinance to amend the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, WHEREAS the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Bill, 2013, to give effect to the aforesaid objective, was introduced on the 12" December, 2013 in the House of the People; AND WHEREAS the said Bill could not be taken up for consideration and passing in the House of the People; AND WHEREAS Parliament is not in session and the President is satisfied that circumstances exist which render it necessary for him to take immediate action;2 THE GAZETTE OF INDIA EXTRAORDINARY [Parr II— Now, THEREFORE, in exercise of the powers conferred by clause (1) of article 123 of the Constitution, the Presideni is pleased to promulgate the following Ordinance:— Short title and 1. (1) This Ordinance may be called thé Scheduled Castes and the commencement. Scheduled Tribes (Prevention of Atrocities) Amendment Ordinance, 2014. (2) It shall come into force at once. Amendment of 2. In the Scheduled Castes and the Scheduled Tribes (Prevention of long title. Atrocities) Act, 1989 (hereinafter referred to as the principal Act), in 33 of 1989. the long title, for the words “Special Courts”, the words “Special Courts and the Exclusive Special Courts” shall be substituted. Amendient of 3. In section 2 of the principal Act, in sub-section (1),— section 2. (i) after clause (b), the following clauses shall be inserted, namely:— ‘(bb) “dependent” means the spouse, children, parents, brother .and sister of the victim, who are dependent wholly or mainly on such victim for his support and maintenance; (bc) “economic boycott” means— (i) a refusal to deal with, work for hire or do business with other person; or (ii) to deny opportunities including access to services or contractual opportunities for rendering service for consideration; or (iii) to refuse to do anything on the terms on which things would be commonly done in the ordinary course of business; or (iv) to abstain from the professional or business relations that one would maintain with other person; (bd) “Exclusive Special Court” means the Exclusive Special Court established under sub-section (1) of section 14 exclusively to try the offences under this Ordinance; - (be) “forest rights” shall have the meaning assigned to it in sub- section (1) of section 3 of the Scheduled Tribes and OtherTHE GAZETTE OF INDIAEXTRAORDINARY 3 Sec. 1} 2 of 2007. Traditional Forest Dwellers (Recognition of Forest Rights) Act. 2006; (bf) “manual scavenger” shall have the meaning assigned to it in clause (g) of sub-section (1) of section 2 of the Prohibition of. Employment as Manual Scavengers and their Rehabilitation Act, 25 of 2013. 2013; . (bg) “public servant” means a public servant as defined under 45 of 1860. section 21 of the Indian Penal Code, as well as any other person deemed to be a public servant under any other law for the time being in force and includes any person acting in his official capacity under the Central Government or the State Government, as the case may be;’; (ii) after clause (e), the following clauses shall be inserted, namely:— ‘(ea) “Schedule” means the Schedule appended to this Ordinance; (eb) “social boycott” means a refusal to permit a person to render to other person or receive from him any customary service or to abstain from social relations that one would maintain with other person or to isolate him from others; (ec) “victim” means any individual who falls within the definition of the ‘Scheduled Caste and Scheduled Tribe’ under clause (c) of sub-section (1) of section 2, and who has suffered or experienced physical, mental, psychological, emotional or monetary harm or harm to his property as a result of the commission of any offence under this Ordinance and includes his relatives, legal guardian and legal heirs; (ed) “witness” means any person who is acquainted with the facts and circumstances, or is in possession of any information or has knowledge necessary for the purpose of investigation, inquiry or trial of any crime involving an offence under this Ordinance, and who is or may be required to give information or make a statement or produce any document during investigation, inquiry or trial of such case and includes a victim of such offence;’; (iii) for clause (f), the following clause shall be substituted, namely:- “(f) the words and expressions used but not defined in this 45 of 1860. * Ordinance and defined in the Indian Penal Code, the Indian 18 of 1872. Evidence Act, 1872 or the Code of Criminal Procedure, 1973, as 2 of 1974.4 THE GAZETTE OF INDIA EXTRAORDINARY [Parr II-— the case may be, shall be deemed to have the meanings respectively assigned to them in those enactments.”. Amendment of 4, In section 3 of the principal Act,— section 3. : (i) for sub-section (1), the following sub-section shall be substituted, namely:— ‘(1) Whoever, not being a member of a Scheduled Caste or | a Scheduled Tribe,— (a) puts any inedible or obnoxious substance into the mouth of a member of a Scheduled Caste or a Scheduled Tribe or fotces such member to drink or eat such inedible or obnoxious substance; (b) dumps excreta, sewage, carcasses or any other obnoxious substance in premises, or at the entrance of the premises, occupied by a member of a Scheduled Caste or a Scheduled Tribe; (c) with intent to cause injury, insult or annoyance to any member of a Scheduled Caste or a Scheduled Tribe, dumps excreta, waste matter, carcasses or any other - obnoxious substance in his neighborhood; (d) garlands with footwear or parades naked or semi- naked a member of a Scheduled Caste or a Scheduled Tribe; (e) forcibly commits on a member of a Scheduled Caste or a Scheduled Tribe any act, such as removing clothes from the person, forcible tonsuring of head, removing moustaches, painting face or body or any other similar act, which is derogatory to human dignity; (f) wrongfully occupies or cultivates any land, owned by, or in the possession of or allotted to, or notified by any competent authority to be allotted to, a member, of a Scheduled Caste or a Scheduled Tribe, or gets such land transferred; (g) wrongfully dispossesses a member of a Scheduled Caste or a Scheduled Tribe from his land or premises or interferes with the enjoyment of his rights, including forest rights, over any land or premises or water or irrigationSuc, 1] THE GAZETTE OF INDIA EXTRAORDINARY facilities or destroys the crops or takes away the produce therefrom. Explanation —For the purposes of clause (f) and this clause, the expression “wrongfully” includes — (A) against the person’s will; (B) without the person’s consent; (C) with the person’s consent, where such consent has been obtained by putting the person, or any other person in whom the person is interested in fear of death or of hurt; or (D) fabricating records of such land; (h) makes a member of a Scheduled Caste or a Scheduled Tribe to do “begar” or other forms of forced or bonded labour other than any compulsory service for public purposes imposed by the Government; (i) compels a member of a Scheduled Caste or a Scheduled Tribe to dispose or carry human or animal carcasses, or to dig graves; (j) makes a member of a Scheduled Caste or a Scheduled Tribe to do manual scavenging or employs or permits the employment of such member for such purpose; (k) performs, or promotes dedicating a Scheduled Caste or a Scheduled Tribe woman to a deity, idol, object of worship, temple, or other religious institution as a devadasi or any other similar practice or permits aforementioned acts; (1) forces or intimidates or prevents a member of a Scheduled Caste or a Scheduled Tribe— (A) not to vote or to vote for a particular candidate or to vote in a manner other than that provided by law; (B) not to file a nomination as a candidate or to withdraw such nomination; or (C) not to propose or second the nomination of a member of a Scheduled Caste or a Scheduled Tribe as a candidate in any election; (m) forces or intimidates or obstructs a member of a ScheduledTHE GAZETTE OF INDIA EXTRAORDINARY [Parr I]— Caste or a Scheduled Tribe, who is a member or a Chairperson or a holder of any other office of a panchayat under Part IX of the Constitution or a municipality under Part IX A of the Constitution, from performing their normal duties and functions, (n) after the poll, causes hurt or grievous hurt or assault or imposes or threatens to impose social or economic boycott upon a member of a Schedule Caste or a Scheduled Tribe or prevents from availing benefits of any public service which is due to him; (0) commits any offence under this Ordinance against a member of a Scheduled Caste or a Scheduled Tribe for having voted or not having voted for a particular candidate or for having voted in a manner provided by law; (p) institutes false, malicious or vexatious suit or criminal or other legal proceedings against a member of a Scheduled Caste or a Scheduled Tribe; (q) gives any false or frivolous information to any public servant and thereby causes such public servant to use his lawful power to the injury or annoyance of a member of a Scheduled Caste or a Scheduled Tribe; _ (s) intentionally insults or intimidates with intent to humiliate a member of a Scheduled Caste or a Scheduled Tribe in any place within public view; (s) abuses any member of a Scheduled Caste or a Scheduled Tribe by caste name in any place within public view; (t) destroys, damages or defiles any object generally known to be held sacred or in high esteem by members of the Scheduled Castes or the Scheduled Tribes. Explanation.—For the purposes of this clause, the expression “object” means and includes statue, photograph and portrait; (u) by words either written or spoken or by signs or by visible representation or otherwise promotes or attempts to promote feelings of enmity, hatred or ill-will against members of the Scheduled Castes or the Scheduled Tribes; (v) by words either written or spoken or by any other means disrespects any late person held in high esteem by members of the Scheduled Castes or the Scheduled Tribes;Sec. 1] THE GAZETTE OF INDIA EXTRAORDINARY (w) (i) intentionally touches a woman belonging to a Scheduled Caste or a Scheduled Tribe, knowing that she belongs to a Scheduled Caste or a Scheduled Tribe, when such act of touching is of a sexual nature and is without the recipient’s consent; (ii) uses words, acts or gestures of a sexual nature towards a woman belonging to a Scheduled Caste or a Scheduled Tribe, knowing that she belongs to a Scheduled Caste or a Scheduled Tribe, Explanation—For the purposes of sub-clause (i), the expression “consent” means an unequivocal voluntary agreement when the person by words, gestures, or any form of non-verbal communication, communicates willingness to participate in the specific act: Provided that a woman belonging to a Scheduled Caste or a Scheduled Tribe who does not offer physical resistance to any act of a sexual nature is not by reason only of that fact, is to be regarded as consenting to the sexual activity: Provided further that a woman’s sexual history, including with the offender shall not imply consent or mitigate the offence; (x) corrupts or fouls the water of any spring, reservoir or any other source ordinarily used by members of the Scheduled Castes or the Scheduled Tribes so as to render it less fit for the purpose for which it is ordinarily used; (y) denies a member of a Scheduled Caste or a Scheduled Tribe any customary right of passage to a place of public resort or obstructs such member so as to prevent him from using or having access to a place of public resort to which other members of public or any other section thereof have a right to use or access to; (z) forces or causes a member of a Scheduled Caste or a Scheduled Tribe to leave his house, village or other place of residence: Provided that nothing contained in this clause shall apply to any action taken in discharge of a public duty; (za) obstructs or prevents a member of a Scheduled Caste or a Scheduled Tribe in any manner with regard to —8 THE GAZETTE OF INDIA EXTRAORDINARY [Part I]— (A) using common property resources of an area, or burial or cremation ground equally with others or using any river, stream, spring, well, tank, cistern, water-tap or other watering place, or any bathing ghat, any public conveyance, any road, or passage; (B) mounting or riding bicycles or motor cycles or wearing footwear or new clothes in public places or taking out wedding procession, or mounting a horse or any other vehicle during wedding processions; (C) entering any place of worship which is open to the public or other persons professing the same religion or taking part in, or taking out, any religious, social or cultural processions including jatras; (D) entering any educational institution, hospital, dispensary, primary health centre, shop or place of public entertainment or any other public place; or using any utensils or articles meant for public use in any place open to the public; or (E) practicing any profession or the carrying on of any occupation, trade or business or employment in any job which other members of the public, or any section thereof, have a right to use or have access to; (zb) causes physical harm or mental agony of a member of a Scheduled Caste or a Scheduled Tribe on the allegation of practicing witchcraft or being a witch; or (zc) imposes or threatens a social or economic boycott of any person or a family or a group belonging to a Scheduled Caste or a Scheduled Tribe, shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to five years and with fine.’; (ii) in sub-section (2),— (a) in clause (v), for the words “on the ground that such person is a member of a Scheduled Caste or a Scheduled Tribe or such property belongs to such member”, the words “knowing that such person is a member of a Scheduled Caste or a Scheduled Tribe or such property belongs to such member” shall be substituted;Sec. 1] THE GAZETTE OF INDIA EXTRAORDINARY (b) after clause (v), the following clause shall be inserted, namely:— “(va) commits any offence specified in the Schedule, - against a person or property, knowing that such person is a member of a Scheduled Caste or a Scheduled Tribe or such property belongs to such member, shall be punishable with 45 of 1860. such punishment as specified under the Indian Penal Code for such offences and shall also be liable to fine.”. 5. For section 4 of the principal Act, the following section shall be Substitution of new section for substituted, namely:— section 4. “4. (1) Whoever, being a public servant but not being a member Punishment for of a Scheduled Caste or a Scheduled Tribe, wilfully neglects his neglect of duties. duties required to be performed by him under this Ordinance and the rules made thereunder, shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to one year. (2) The duties of public servant referred to in sub-section (1) shall include— (a) to read out to an informant the information given orally, and reduced to writing by the officer in charge of the police station, before taking the signature of the informant; (b) to register a complaint or a First Information Report under this Ordinance and other relevant provisions and to register it under appropriate sections of this Ordinance; (c) to furnish a copy of the information so recorded forthwith to the informant; (d) to record the statement of the victims or witnesses; (e) to conduct the investigation and file charge sheet in the Special Court or the Exclusive Special Court within a period of sixty days, and to explain the delay if any, in writing; (f) to correctly prepare, frame and translate any document or electronic record; (g) to perform any other duty specified in this Ordinance or the rules made thereunder: Provided that the charges in this regard against the public10 THE GAZETTE OF INDIA EXTRAORDINARY [Part I]-— servant shall be booked on the recommendation of an administrative enquiry. (3) The cognizance in respect of any dereliction of duty referred to in sub-section (2) by a public servant shall be taken by the Special Court or the Exclusive Special Court and shall give direction for penal proceedings against such public servant.”. Amendment of 6. In section 8 of the principal Act,— section 8. (i) in clause (a), for the words “any financial assistance to a person accused of”, the words “any financial assistance in relation to the offences committed by a person accused of” shall be substituted; (ii) after clause (b), the following clause shall be inserted, namely: — “(c) the accused was having personal knowledge of the victim or his family, the Court shall presume that the accused was aware of the caste or tribal identity of the victim, unless the contrary is proved.”. Amendment of 7. In section 10 of the principal Act, in sub-section (1),— section 10. (a) after the words and figures “article 244 of the Constitution”, the words, brackets and figures “or any area identified under the provisions of clause (vii) of sub-section (2) of section 21” shall be inserted; (b) for the words “two years”, the words “three years” shall be substituted. Substitution of 8. For section 14 of the principal Act, the following section shall be new section for substituted, namely:— section 14. Special Court “14. (1) For the purpose of providing for speedy trial, the State and pxensive Government shall, with the concurrence of the Chief Justice of the pecrar ou High Court, by notification in the Official Gazette, establish an Exclusive Special Court for one or more Districts: Provided that in Districts where less number of cases under this Ordinance is recorded, the State Government shall, with the concurrence of the Chief Justice of the High Court, by notification in the Official Gazette, specify for such Districts, the Court of Session to be a Special Court to try the offences under thisSec. 1] THE GAZETTE OF INDIA EXTRAORDINARY Hi Ordinance: Provided further that the Courts so established or specified shall have power to directly take cognizance of offences under this Ordinance. (2) It shall be the duty of the State Government to establish adequate number of Courts to ensure that cases under this Ordinance are disposed of within a period of two months, as far as possible. (3) In every trial in the Special Court or the Exclusive Special Court, the proceedings shall be continued from day-to-day until all the witnesses in attendance have been examined, unless the Special Court or the Exclusive Special Court finds the adjournment of the same beyond the following day to be necessary for reasons to be recorded in writing: Provided that when the trial relates to an offence under this Ordinance, the trial shall, as far as possible, be completed within a period of two months from the date of filing of the charge sheet.”. 9, After section 14 of the principal Act, the following section shall be Insertion of new section 14A. inserted, namely:— “14A. (1) Notwithstanding anything contained in the Code of Appeals. 2 of 1974. Criminal Procedure,1973, an appeal shall lie, from any judgment, sentence or order, not being an interlocutory order, of a Special Court or an Exclusive Special Court, to the High Court both on facts and on law. (2) Notwithstanding anything contained in sub-section (3) of 2 of 1974. section 378 of the Code of Criminal Procedure, 1973, an appeal shall lie to the High Court against an order of the Special Court or the Exclusive Special Court granting or refusing bail. (3) Notwithstanding anything contained in any other law for the time being in force, every appeal under this section shall be preferred within a period of ninety days from the date of the judgment, sentence or order appealed from: Provided that the High Court may entertain an appeal after the expiry of the said period of ninety days if it is satisfied that the appellant had sufficient cause for not preferring the appeal within the period of ninety days: Provided further that no appeal shall be entertained after the12 THE GAZETTE OF INDIA EXTRAORDINARY [Parr l]— expiry of the period of one hundred and eighty days. (4) Every appeal preferred under sub-section (1) shall, as far as possible, be disposed of within a period of three months from the date of admission of the appeal. Substitution of 10. For section 15 of the principal Act, the following section shall new section for —_ he substituted, namely:— section 15. Special Public “15, (1) For every Special Court, the State Government shall, Prosecutor and by notification in the Official Gazette, specify a Public Prosecutor oe or appoint an advocate who has been in practice as an advocate for not less than seven years, as a Special Public Prosecutor for the Prosecutor. : : purpose of conducting cases in that Court. (2) For every Exclusive Special Court, the State Government shall, by notification in the Official Gazette, specify an Exclusive Public Prosecutor or appoint an advocate who has been in practice as an advocate for not less than seven years, as an Exclusive Public Prosecutor for the purpose of conducting cases in that Court.”. Insertion of new 11. After Chapter IV of the principal Act, the following Chapter ChapterIVA. —_ shall be inserted, namely: — “CHAPTER IVA RIGHTS OF VICTIMS AND WITNESSES Rights of 15A. (1) It shall be the duty and responsibility of the State to victims and make arrangements for the protection of victims, their dependents, witnesses. and wi° t nesses agai: nst any ki: nd of ie ny te ims i dati: on or coerci: on or inducement or violence or threats of violence. (2) A victim shall be treated with fairness, respect and dignity and with due regard to any special need that arises because of the victim’s age or gender or educational disadvantage or poverty. (3) A victim or his dependent shall have the right to reasonable, accurate, and timely notice of any Court proceeding including any bail proceeding and the Special Public Prosecutor or the State Government shall inform the victim about any proceedings under this Ordinance. . (4) A victim or his dependent shall have the right to apply to the Special Court or the Exclusive Special Court, as the case may be, to summon parties for production of any documents or material, witnesses or examine the persons present.Sec. 1] THE GAZETTE OF INDIA EXTRAORDINARY 13 (5) A victim or his dependent shall be entitled to be heard at any proceeding under this Ordinance in respect of bail, discharge, release, parole, conviction or sentence of an accused or any connected proceedings or arguments and file written submission on conviction, acquittal or sentencing. (6) Notwithstanding anything contained in the Code of Criminal 2 of 1974. Procedure, 1973, the Special Court or the Exclusive Special Court trying a case under this Ordinance shall provide to a victim, his dependent, informant or witnesses—— (a) the complete protection to secure the ends of justice; (b) the travelling and maintenance expenses during investigation, inquiry and trial; and (c) the social-economic rehabilitation during investigation, inquiry and trial; (d) relocation. (7) The State shall inform the concerned Special Court or the Exclusive Special Court about the protection provided to any victim or his dependent, informant or witnesses and such Court shall periodically review the protection being offered and pass appropriate orders. (8) Without prejudice to the generality of the provisions of sub- section (6), the concerned Special Court or the Exclusive Special Court may, on an application made by a victim or his dependent, informant or witness in any proceedings before it or by the Special Public Prosecutor in relation to such victim, informant or witness or on its own motion, take such measures including— (a) concealing the names and addresses of the witnesses in its orders or judgments or in any records of the case accessible to the public; (b) issuing directions for non-disclosure of the identity and addresses of the witnesses; (c) take immediate action in respect of any complaint relating to harassment of a victim, informant or witness and on the same day, if necessary, pass appropriate orders for protection:14 THE GAZETTE OF INDIAEXTRAORDINARY [Part Il— Provided that inquiry or investigation into the complaint received under clause (c) shall be tried separately from the main case by such Court and concluded within a period of two months from the date of receipt of the complaint: Provided further that where the complaint under clause (c) is against any public servant, the Court shall restrain such public servant from interfering with the victim, informant or witness, as the case may be, in any matter related or unrelated to the pending case, except with the permission of the Court. (9) It shall be the duty of the Investigating Officer and the Station House Officer to record the complaint of victim, informant or witnesses against any kind of intimidation, coercion or inducement or violence or threats of violence, whether given orally or in writing, and a photocopy of the First Information Report shall be immediately given to them at free of cost. (10) All proceedings relating to offences under this Ordinance shall be video recorded. (11) It shall be the duty of the concerned State to specify an appropriate scheme to ensure implementation of the following rights and entitlements of victims and witnesses in accessing justice so as (a) to provide a copy of the recorded First Information Report at free of cost; (b) to provide immediate relief in cash or in kind to atrocity victims or their dependents; (c) to provide necessary protection to the atrocity victims or their dependents, and witnesses; -(d) to provide relief in respect of death or injury or damage to property; (e) to arrange food or water or clothing or shelter or medical aid or transport facilities or daily allowances to victims; (f) to provide the maintenance expenses to the atrocity victims and their dependents; (g) to provide the information about the rights of atrocity victims at the time of making complaints’and registering the FirstSec. 1] THE GAZETTE OF INDIAEXTRAORDINARY 15 Information Report; (h) to provide the protection to atrocity victims or their dependents and witnesses from intimidation and harassment: (i) to provide the information to atrocity victims or their dependents or associated organisations or individuals, on the status of investigation and charge sheet and to provide copy of the charge sheet at free of cost; (j) to take necessary precautions at the time of medical examination; (k) to provide information to atrocity victims or their dependents or associated organisations or individuals, regarding the relief amount; (1) to provide information to atrocity victims or their dependents or associated organisations or individuals, in advance about the dates and place of investigation and trial; (m) to give adequate briefing on the case and preparation for trial to atrocity victims or their dependents or associated organisations or individuals and to provide the legal aid for the said purpose; (n) to execute the rights of atrocity victims or their dependents or associated organisations or individuals at every stage of the proceedings under this Ordinance and to provide the necessary assistance for the execution of the rights. (12) It shall be the right of the atrocity victims or their dependents, to take assistance from the Non-Government Organisations, social workers or advocates.”. 12. After section 23 of the principal Act, the following Schedule Insertion of new shall be inserted, namely:— Schedule.16 THE GAZETTE OF INDIA EXTRAORDINARY [Part I]— “THE SCHEDULE [See section 3(2) (va)] Section under Name of offence and punishment. the Indian Penal Code. 120A Definition of criminal conspiracy. 120B Punishment of criminal conspiracy. 141 Unlawful assembly. 142 Being member of unlawful assembly. 143 Punishment for unlawful assembly. 144 Joining unlawful assembly armed with deadly weapon. 145 Joining or continuing in unlawful assembly, knowing it has been commanded to disperse. 146 - | Rioting. 147 Punishment for rioting. 148 Rioting, armed with deadly weapon. 217 Public servant disobeying direction of law with intent to save person from punishment or property from forfeiture. 319 Hurt. 320 Grievous hurt. 323 Punishment for voluntarily causing hurt. 324 Voluntarily causing hurt by dangerous weapons or means. 325 Punishment for voluntarily causing grievous hurt. 326B Voluntarily throwing or attempting to throw acid. 332 Voluntarily causing hurt to deter public servant from his duty.SEc. 1] THE GAZETTE OF INDIA EXTRAORDINARY 17 34] Punishment for wrongful restraint. 354 Assault or criminal force to woman with intent to outrage her modesty. 354A Sexual harassment and punishment for sexual harassment. 354B Assault or use of criminal force to woman with intent to disrobe. 354C Voyeurism. 354D Stalking. 359 Kidnapping. 363 Punishment for kidnapping. 365 Kidnapping or abducting with intent secretly and wrongfully to confine person. 376B Sexual intercourse by husband upon his wife during separation. 376C Sexual intercourse by a person in authority. 447 Punishment for criminal trespass. 506 Punishment for criminal intimidation. 509 Word, gesture or act intended to insult the modesty of a woman.”. PRANAB MUKHERJEE, President. P.K. MALHOTRA, Secy. to the Govt. of India. PRINTED BY THE GENERAL MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI—2014. GMGIPMRND—4809GI(CRC)—-04-03-2014.

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