Question
Download Solution PDFIf a public servant fails to record the First Information Report (F.I.R.) from a person belonging to Scheduled Caste or Scheduled Tribe, then such public servant shall be punishable with imprisonment for a term which may extend to _____.
Answer (Detailed Solution Below)
Detailed Solution
Download Solution PDFThe correct answer is '1 year'.
Key Points
- Provision under SC/ST (Prevention of Atrocities) Act, 1989:
- The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, was enacted to prevent offenses against members of SC and ST communities and ensure their protection.
- Under this Act, it is mandatory for public servants to promptly record the First Information Report (F.I.R.) when a complaint is lodged by someone belonging to these communities.
- If a public servant fails to record the F.I.R. intentionally, it is considered an offense under the Act.
- The punishment for such negligence or intentional omission is imprisonment for a term which may extend to 1 year.
Additional Information
- Explanation of other options:
- 4 years: This option is incorrect as the punishment for failing to record an F.I.R. under the Act does not extend to 4 years. The Act specifies a maximum of 1 year for this offense.
- 2 years: While some offenses under other laws or sections might carry a punishment of up to 2 years, this particular violation under the SC/ST Act has a maximum term of 1 year.
- 7 years: This is incorrect. Seven years of imprisonment applies to more severe crimes under the SC/ST Act or other penal provisions, but not for failing to record an F.I.R.
- Significance of the provision:
- This provision ensures accountability and emphasizes the need for public servants to act promptly and responsibly when dealing with complaints from vulnerable communities.
- It helps in reducing discrimination and ensures that justice is accessible to marginalized groups.
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