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MPPSC PRE+MALENS 2019 Mains Paper 2 Topic 3 Pre Topic 10
Social legislation Important ACt Or of Pre Mains unacademy
Schedule caste and Schedule Tribe (Prevention of Atrocities act) 1989
Section 16 Power of State Govt. to Impose collective Fine The provisions of section 10A of the Protection of Civil Rights Act, 1955 shall, so far as may be, apphy for the purposes of imposition and realization of collective fine and for all other matters connected therewith under collective fine
Section 17 Preventive action taken by law and order Machinery A District Magistrate or a Sub-divisional Magistrate or any other Executive Magistrate or any police officer not below the rank of a Deputy Superintendent of Police may, on receiving information and after such inquiry as he may think necessary, has reason to believe that a person or a group of persons not belonging to the Scheduled Castes or the Scheduled Tribes, residing in or frequenting any place within the local limits of his jurisdiction is likely to commit an offence or has threatened to commit any offence under this Act There is sufficient ground for proceeding, declare such an area to be an area prone to atrocities and take necessary action for keeping the peace and good behaviour and maintenance of public
Section 18 Section 438 of the code not apply to the person commit offence under this act Nothing in section 438 of the Code shall apply in relation to any case involving the arrest of any person on an accusation of having committed an offence under this Act .In 2018, the Supreme Court stated that for persons accused of committing an offence under the Act, approval of the Senior Superintendent of Police will be required before an arrest is made. Further, the Deputy Superintendent of Polise may conduct a preliminary enquiry to find out whether there is a prima facie case under the Act.
Section 181 (amended in 2018) No Enquiry of Approval needed /RIdi 5T 3ff0RA 32RT (1) For the purposes of this Act / (a) preliminary enquiry shall not be required for registration of a First Information Report against any person (6) the investigating officer shall not require approval for the arrest (2) The provisions of section 438 of the Code shall not apply to a case under this Act, notwithstanding any judgment or order or direction of any Court