Page:Acts of the Parliament of India 1989.pdf/369

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OF 1989]
361
Scheduled Caste and Scheduled Tribe (Prevention of Atrocities)
(iv) commits mischief by fire or any explosive substance intending to cause or knowing it to be likely that he will thereby cause destruction of any building which is ordinarily used as a place of worship or as a place for human dwelling or as a place for custody of the property by a member of a Scheduled caste or a Scheduled Tribe, shall be punishable with imprisonment for life and with fine;
(v) commits any offence under the Indian Penal Code45 of 1860 punishable with imprisonment for a term of ten years or more against a person or property on the ground that such person is a member of a Scheduled Caste or a Scheduled Tribe or such property belongs to such member, shall be punishable with imprisonment for life and with fine;
(vi) knowingly o r having reason to believe that an offence has been committed under this Chapter, causes any evidence of the commission of that offence' to disappear with the intention of screening the offender from legal punishment, or with that intention gives any information respecting the offence which he knows, or believes to be false, shall be punishable with the punishment provided for that offence; or
(vii) being a public servant, commits any offence under this section, 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.

Punishment for neglect of duties. 4. Whoever, being a public servant but not being a member of Scheduled Caste or a Scheduled Tribe, willfully neglects his duties required to be performed by him under this Act, shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to one year.

Enhanced punishment for subsequent conviction. 5. 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 he less than one year but which may extend to the punishment provided for that offence.

Application of certain provisions of the Indian Penal Code. 6. Subject to the other provisions of this Act, the provisions of section 34, Chapter III, Chapter IV, Chapter V, Chapter VA, section 149 and Chapter XXIII, of the Indian Penal Code45 of 1860, shall. so far as may be, apply for the purposes of this Act as they apply for the purposes of the Indian Penal Code.


Forfeiture of property of certain persons. 7. (1) Where a person has been convicted of an offence punishable under this Chapter, the Special Court may, in addition to awarding any punishment, by order in writing, declare that any property, movable or immovable or both, belonging to the person, which has been used for the commission of that offence, shall stand forfeited to Government.

(2) Where any person is accused of any offence under this Chapter, it

shall be open to the Special Court trying him to pass an order that all or