Is Filing A False Complaint Under Scheduled Castes And Tribes (Prevention Of Atrocities) Act A Punishable Offence?

To stop atrocities against SC/STs, the Indian government passed the Scheduled Castes and Tribes (Prevention of Atrocities) Act in 1989. The Act was intended to stop atrocities and aid in the social integration of Dalits into society, however, it has fallen short of expectations. The Act became operative on January 30,1990. The purpose of this legislation is to stop crimes targeting scheduled castes and scheduled tribes from being committed by people who are not members of such groups. Atrocities perpetrated towards Scheduled Castes and Scheduled Tribes are punishable under the Act.


The Indian judiciary has championed a highly strict manner to deal with such types of charges of offences because there has been proof of cruelty against SC/STs throughout Indian history. But according to the police's final findings, they judged 869 cases to be an error of fact, 5,347 cases to be false, and 2150 cases to be true but (with) inadequate proof in 2016. If a false FIR is filed against you then it is recommended to consult the Lawyers In Gurgaon.

In Dr. Subash Kashinath Mahajan v. the State of Maharashtra, two-judge benches rendered its decision and issued the new guidelines after concluding that almost one-fourth of the cases brought under the SC-ST Act involve fictitious complaints. Even though anticipatory bail is expressly prohibited under section 18 of the SC-ST Act, the provision of anticipatory bail was created as a result of the new regulations. 


By contacting our anticipatory bail advocates, who will prepare and submit petitions for anticipatory bail, you can submit a request for anticipatory bail. The DSP in question may conduct a preliminary investigation to determine if the allegations support a case under the Atrocities Act and whether they are not baseless or motivated in order to prevent the erroneous involvement of an innocent person. 


A public servant may only be arrested with the appointing authority's approval, and a nonpublic servant may only be arrested with the SSP's approval, which may be granted in appropriate cases if thought necessary for reasons documented. This is due to the well-known abuse of the law of arrest in cases under the Atrocities Act. Before allowing for further detention, the Magistrate must carefully consider such justifications.


Remedies For False Cases Filed Under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989:


Quashing of FIR: According to Section 482 of the Code of Criminal Procedure, the High Court has the inherent authority to issue any orders that may be required to carry out any orders made under this Code, to stop the abuse of any court process, or in any other way to further the interests of justice. The inherent authority of the High Court in both civil and criminal cases is intended to serve the good of society by preventing the use of the legal system as a tool of intimidation or retaliation. 


Therefore, the Hon'ble High Court may use its inherent authority granted under Section 482 of the Code of Criminal Procedure, 1973, to quash the F.I.R. if it determines that there is no prima facie evidence against the accused and the complaint filed against him or her is vexatious.


Writ Petition: Those who have been wronged may file a writ petition with the High Court in accordance with Article 226 of the Indian Constitution if they believe that there is grave injustice being committed and a police officer or government employee hastily filed a false police report against the accused.

Prohibition: The Hon'ble High Court may issue a Writ of Prohibition to the Subordinate Court in order to halt such vexatious criminal proceedings.

Mandamus: The Hon'ble High Court may issue a Writ of Mandamus to direct the police department or the police officer who filed a fraudulent F.I.R. against the accused to carry out their duties correctly. A writ petition can only be filed with the help of a legal expert and Lawyers In Mumbai need to be consulted to draft a petition for the Bombay High Court.


Remedies After Acquittal:


Defamation Suit: People often fabricate cases against others in order to humiliate and torture the target of their animosity. Even after being exonerated in these cases or having them thrown out, the victim still suffers from character assassination in public. As a result, this individual may bring a civil action pursuant to Section 19 of the Code of Civil Procedure, 1908, to recover damages for defamation against the false case's complainant.


Criminal Complaint: A counter-complaint regarding the fictitious case against such a person as well as the case of defamation under section 500 of the Indian Penal Code at the police station. Section 500 states that anyone who defames another person faces a penalty of either simple imprisonment for a time up to two years, a fine, or both. With the help of criminal Lawyers In Delhi, a defamation complaint can be filed against a person who has filed a false case under the Act.

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