Question

Which of the following statement/s are incorrect regarding The Prevention of Atrocities (Scheduled Castes and the Scheduled Tribes) Act, 1989

1. The Atrocity Act is not bailable and the police have to produce the accused before a magistrate within 24 hours of arrest.
2. If granted bail, the accused may be released on bond or personal recognizance.
3. The punishment for a guilty person under the Atrocity Act can range from simple imprisonment for a period of six months to maximum of 5 years.
4. The Act also prescribes a fine that may extend up to Rs. 100,000.

• A. All
• B. iv only
• C. ii, iv
• D. iii only

Answer 1

Answer:

D. iii only

Bail Provisions in The Prevention of Atrocities (Scheduled Castes and the Scheduled Tribes) Act, 1989:

• The Atrocity Act is not bailable, meaning that a person accused of committing an atrocity against a member of the SC/ST community cannot automatically get bail.
• The police must present the accused before a magistrate within 24 hours of arrest.
• If bail is sought, it is not granted easily.
• The accused may be released on bail only if the court, after hearing the public prosecutor, is satisfied that there are reasonable grounds for believing that the accused is not guilty and will not commit an offense while on bail.
• Even if bail is granted, the accused may be released on bond or personal recognizance, depending on the circumstances and the court's decision.

Penalties:

• The Act prescribes stringent penalties for those convicted of committing an atrocity against SC/ST members.
• The punishment for a guilty person under the Atrocity Act can range from a minimum of six months of simple imprisonment to a maximum of ten years.
• In addition to imprisonment, the Act also imposes a fine, and the amount can extend up to Rs. 100,000.
• These severe penalties aim to deter offenses and ensure the protection of the rights and dignity of the marginalized communities.