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Section 8 of The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989

In a prosecution for an offence under this Chapter, if it is proved that--

(a)the accused rendered 1 [any financial assistance in relation to the offences committed by a person accused of], or reasonably suspected of, committing, an offence under this Chapter, the Special Court shall presume, unless the contrary is proved, that such person had abetted the offence;
(b)a group of persons committed an offence under this Chapter and if it is proved that the offence committed was a sequel to any existing dispute regarding land or any other matter, it shall be presumed that the offence was committed in furtherance of the common intention or in prosecution of the common object; 2 [(c) the accused was having personal knowledge of the victim or his family, the Court shall presume that the accused was aware of the caste or tribal identity of the victim, unless the contrary is proved.]

Summary

Section 8 creates specific legal assumptions that work against an accused person during a trial.
Giving financial help to a suspect means the court will assume the person encouraged or abetted the crime, unless they can prove otherwise.
If a group commits an offence following a land dispute, the court assumes they acted together with a common goal.
If the accused personally knew the victim or their family, the court automatically assumes they knew the victim's caste or tribal identity.

Practical examples

1A wealthy business owner gives thousands of rupees to a local gang immediately after they attack a Dalit neighborhood. Under Section 8, the court will assume he helped plan or encourage the attack because of the financial assistance.

2A man claims he insulted his neighbor without knowing she belonged to a Scheduled Tribe. Because they have lived next door to each other for ten years and he has personal knowledge of her family, Section 8 means the court will assume he knew her tribal identity.

FAQ

1. According to Section 8 of The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, what happens if I give money to someone accused of a crime under this law?

Section 8 of the Prevention of Atrocities Act states that if you render financial assistance to an accused person, the court will presume you abetted the offence unless you can prove otherwise.

2. Under Section 8 of the Atrocities Act, what does the court assume if a crime happens right after a fight over land?

If a group commits an offence as a sequel to a land dispute, Section 8 of the Atrocities Act says the court will presume the offence was committed in furtherance of a common intention or object.

3. How does Section 8 of the Prevention of Atrocities Act deal with an attacker who claims they did not know the victim's caste?

Under Section 8 of the Prevention of Atrocities Act, if the accused had personal knowledge of the victim or their family, the court presumes they were aware of the victim's caste or tribal identity.

Test yourself

Q1.Under Section 8 of The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, what presumption applies if an accused person gives financial assistance to someone committing a crime?

Q2.According to Section 8 of the Atrocities Act, if a group commits an offence following a land dispute, what will the court legally assume?

Q3.Under Section 8 of The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, what happens if it is proved that the accused had personal knowledge of the victim's family?

Q4.Are the legal assumptions made under Section 8 of the Prevention of Atrocities Act permanent and undeniable?

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