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Section 19 of The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989

The provisions of section 360 of the Code and the provisions of the Probation of Offenders Act, 1958 (20 of 1958) shall not apply to any person above the age of eighteen years who is found guilty of having committed an offence under this Act.

Summary

This section blocks the use of probation laws for adult offenders convicted under this Act.
It specifically states that Section 360 of the Code of Criminal Procedure, which allows releasing offenders on probation for good conduct, will not apply.
It also denies the benefits of the Probation of Offenders Act of 1958 to those found guilty.
These strict restrictions only apply to persons who are above the age of eighteen years.

Practical examples

120-year-old Vikram is convicted of destroying property belonging to a Scheduled Tribe member, and the judge cannot release him on probation for good conduct because he is over eighteen.

2An adult named Rahul is found guilty of a caste-based insult, and he must face the prescribed jail time because his lawyer cannot ask for leniency under the Probation of Offenders Act.

FAQ

1. Can a 25-year-old convicted under Section 19 of the SC/ST Act get probation instead of jail time?

No, Section 19 of the SC/ST Act blocks the use of probation provisions for anyone over the age of eighteen who is found guilty.

2. Does Section 19 of the Prevention of Atrocities Act apply to juvenile offenders?

No, Section 19 of the Prevention of Atrocities Act specifically restricts probation laws only for persons above the age of eighteen years.

3. Which specific laws are blocked by Section 19 of the Atrocities Act?

Section 19 of the Atrocities Act blocks Section 360 of the Code of Criminal Procedure and the provisions of the Probation of Offenders Act of 1958.

Test yourself

Q1.Under Section 19 of The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, what is the age limit for the ban on probation provisions?

Q2.Under Section 19 of the Atrocities Act, which specific procedural benefit is denied to guilty adults?

Q3.(Cross-reference Section 18A and Section 19) Under the SC and ST Prevention of Atrocities Act, if a 30-year-old is accused and later convicted, what procedural benefits are they denied under Sections 18A and 19?

Q4.Under Section 19 of the Prevention of Atrocities Act, which external Act is explicitly mentioned as not applying to adult offenders?

18APreviousSection 18A No enquiry or approval required.20NextSection 20 Act to override other laws.

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