Section 5 of The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989
Whoever, having already been convicted of an offence under this Chapter is convicted for the second offence or any offence subsequent to the second offence, shall be punishable with imprisonment for a term which shall not be less than one year but which may extend to the punishment provided for that offence.
Summary
- This section provides for increased penalties for individuals who repeatedly commit crimes under the relevant chapter of the law.
- It applies to anyone who has already been convicted once and is found guilty of a second or any subsequent offence.
- It guarantees that repeat offenders will serve a mandatory minimum prison sentence of at least one year.
- The maximum punishment for a repeat offence can still extend to whatever the highest penalty for that specific crime is.
Practical examples
FAQ
1. When does Section 5 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 apply to an offender?
Section 5 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 applies when a person who has already been convicted of an offence under the chapter is convicted for a second or subsequent offence.
2. What is the minimum punishment under Section 5 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989?
Under Section 5 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, the minimum punishment for a repeat offence is imprisonment for a term not less than one year.
3. Does Section 5 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 change the maximum penalty for a crime?
No, Section 5 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 states the punishment may extend to the maximum punishment originally provided for that specific offence.
Test yourself
Q1.Under Section 5 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, what triggers the enhanced punishment rule?
Q2.According to Section 5 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, what is the minimum mandatory prison term for a repeat conviction?
Q3.How does Section 5 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 handle the upper limit of the prison sentence for a repeat offender?
Q4.Under Section 5 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, repeat offenders face enhanced minimum sentences for offences under this Chapter. Based on Section 3 of the same Act, what would be the absolute maximum prison term a repeat offender could receive for forcing someone to do manual scavenging?