Section 4 of The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989
1 [4. Punishment for neglect of duties.--(1) Whoever, being a public servant but not being a member of a Scheduled Caste or a Scheduled Tribe, wilfully neglects his duties required to be performed by him under this Act 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 Act and other relevant provisions and to register it under appropriate sections of this Act;
- (c)to furnish a copy of the information so recorded forthwith to the in formant;
- (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 Act or the rules made thereunder: Provided that the charges in this regard against the public 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.]
Summary
- This section criminalizes the wilful neglect of duty by any public servant who is not a member of a Scheduled Caste or Scheduled Tribe.
- It lists specific duties public servants must perform, such as registering a First Information Report, recording victim statements, and providing a copy of the information.
- It requires the investigating officer to conduct the investigation and file a charge sheet in the Special Court within sixty days, explaining any delays in writing.
- It sets the punishment for failing these duties to a prison term between six months and one year, but requires an administrative enquiry before charges are booked.
Practical examples
FAQ
1. Who can be punished under Section 4 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989?
Section 4 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 applies to any public servant who wilfully neglects their duties, provided they are not a member of a Scheduled Caste or a Scheduled Tribe.
2. What is the deadline to file a charge sheet under Section 4 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989?
Under Section 4 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, a public servant must file a charge sheet within sixty days, or explain the delay in writing.
3. What must happen before a public servant is charged under Section 4 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989?
Section 4 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 requires that charges against a public servant be booked based on the recommendation of an administrative enquiry.
Test yourself
Q1.Under Section 4 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, what is the maximum prison sentence a public servant can receive for wilfully neglecting their duties?
Q2.According to Section 4 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, how many days does a public servant have to conduct an investigation and file a charge sheet?
Q3.Under Section 4 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, what is a necessary prerequisite before penal charges can be booked against a public servant for neglect of duty?
Q4.Under Section 4 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, which court has the authority to take cognizance of a public servant's dereliction of duty?
Q5.Under Section 4 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, a police officer must record the statements of victims. Based on Section 2 of the same Act, what is the term for a family member like a brother who relies wholly on that victim for financial support?