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Section 5: For section 4 of the principal Act, the following section shall be substituted, namely

The Scheduled Cast and the Scheduled Tribes (Prevention of Atrocities )amendment Act, 2015State Act of Chhattisgarh · Act 1 of 2016

"4. (/) Whoever, being a public servant but not being a member ofa Scheduled Caste or a Scheduled Tribe, wilfully neglects his duties required to be perfonned 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 m0nths but which may extend to one year.

(2) The duties of public servant referred to in sub-section(!) shall include­

(a) to read out to an informant the informat ion 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 SC{:tions of this Act;

(c) to furnish a copy of the information so recorded forthwith to the informant;

(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;

(j) to correctly prepare, frame and translate any don:ment or electronic reco~d;

tfafi~ll~ ~ . ~ 23 ~ 2016 (.~) 10 perform any other duty specified in this Act or Hle rules made thereunder:

Provided that the charges in th is regard against the public servant shall be booked on the recommendation ofan administrative enquiry.

(J) 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.".

6. In section 8 of the principal Act,-

(i) in clause (a). for the words ·'any financial assistance to a person accused of', the words "any financial assistance in relation to the offences committed by a person accused of" shall he substituted;

(ii) a Iler clause (h), the following clause shall be inserted, namely:- "(C') the accused was having personal knowledge of the victim or his ramily, the Court shall rresume that the accused was aware of the caste or tribal identity of the victim. unless the contrary is proved.".

7. In section 10 of the prim:ipal /\ct, in suh-seclion (/),

(u) atkr the words and figures "art icle 244 or the Consti tution", the words, brackets and figures "or any area identified under the provisions or c lause (vii) of sub­ section (2) of section 21 " shal l be inserted ;

(h) for the words "two years''. the words "three years" shall be substituted.

Where this provision sits

ActThe Scheduled Cast and the Scheduled Tribes (Prevention of Atrocities )amendment Act, 2015
Section5
Marginal noteFor section 4 of the principal Act, the following section shall be substituted, namely
JurisdictionState of Chhattisgarh
StatusIn force as published by the source

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