Page:Acts of the Parliament of India 1989.pdf/373

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OF 1989]
365
Scheduled Caste and Scheduled Tribe (Prevention of Atrocities)

of security amongst the members of the Scheduled Tribes.

Section 438 of the Code not to apply to persons committing an offence under the Act. 18. 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.




Section 360 of the Code or the provisions of the Probation of Offenders Act not to apply to persons guilty of an offence under the Act. 19. The provisions of section 360 of the Code and the provisions of the Probation of Offenders Act, 195820 of 1958 shall not apply to any person above the age of eighteen years who is found guilty of having committed an offence under this Act.






Act to override other laws. 20. Save as otherwise provided in this Act, the provisions of this Act shall have effect' notwithstanding anything inconsistent therewith contained in any other law for the time being in force or any custom or usage or any instrument having effect by virtue of any such law.

Duty of Government to ensure effective implementation of the Act.. 21. (1) Subject to such rules as the Central Government may make in this behalf, the State Government shall take such measures as may be necessary for the effective implementation of this Act.

(2) In particular, and without prejudice to the generality of the foregoing provisions, such measures may include,-

(i) the provision for adequate facilities, including legal aid, to the persons subjected to atrocities to enable them to avail themselves of justice;
(ii) the provision for travelling and maintenance expenses to witnesses, including the victims of atrocities, during investigation and trial of offences under this Act;
(iii) the provision for the economic and social rehabilitation of the victims of the atrocities;
(iv) the appointment of officers for initiating or exercising supervision over prosecutions for the contravention of the provisions of this Act;
(v) the setting up of committees at such appropriate levels as the State Government may think fit to assist that Government in formulation or implementation of such measures;
(vi) provision for a periodic survey of the working of the provisions of this Act with a view to suggesting measures for the better implementation of the provisions of this Act;