Question

Which of the following do not apply to persons committing offences under The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989?

1. Provisions of Probation of offenders Act
2. Section 360 of the Code of Criminal Procedure

• A. Both 1 & 2 are correct
• B. Both 1 & 2 are incorrect
• C. Only 1 is correct
• D. Only 2 is correct

Answer 1

Answer:

A. Both 1 & 2 are correct

Section 19: Exclusion of Probation of Offenders Act

• Section 19 of The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 specifically mandates that certain leniency provisions available under general criminal law do not apply to offenders convicted under this Act.
• The Act explicitly excludes the application of the Probation of Offenders Act, 1958. This means courts cannot grant probation to a person found guilty of committing an offence under the SC/ST Act, regardless of their age or previous criminal record.
• Similarly, Section 360 of the Code of Criminal Procedure (CrPC), which allows courts to release certain offenders on probation of good conduct or after admonition, is also inapplicable to those convicted under this legislation.
• The legislative intent behind this exclusion is to ensure strict punishment for atrocities committed against members of Scheduled Castes and Scheduled Tribes and to act as a strong deterrent against such crimes.
• By barring the use of these provisions, the law ensures that offenders are subjected to the prescribed substantive punishments without the possibility of being released on probation.