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—sc-st-atrocities-act-fir-compensation-india [2026/07/11 02:02] (current) – created - external edit 127.0.0.1
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 +{{htmlmetatags>metatag-description=(File an FIR under the SC/ST Prevention of Atrocities Act 1989 at any police station and claim staged relief of Rs 85,000 to Rs 8.25 lakh under the Rules today)&metatag-keywords=(sc st atrocities act, sc st act fir, sc st act compensation, sc st poa rules relief)&metatag-robots=(index,follow)&metatag-og:title=(SC/ST Atrocities Act: How to File an FIR and Claim Relief)&metatag-og:description=(File an FIR under the SC/ST Prevention of Atrocities Act 1989 at any police station and claim staged relief of Rs 85,000 to Rs 8.25 lakh under the Rules)&metatag-og:type=(article)}}
 +====== SC/ST Atrocities Act: How to File an FIR and Claim Relief ======
  
 +If you belong to a Scheduled Caste or Scheduled Tribe and have faced a caste-based crime, you can file an FIR at any police station, the police must register it without any preliminary enquiry, and you are entitled to monetary relief under the law that is paid in stages as the case moves forward. This guide explains how to do both, step by step, using only what the Act and its Rules actually say.
 +
 +The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 protects members of Scheduled Castes and Scheduled Tribes from a defined list of offences called atrocities. Section 3 of the Act lists these offences. The relief, or compensation, comes from a separate set of rules, the SC and ST (Prevention of Atrocities) Rules, 1995, as amended in 2016.
 +
 +===== A reader who wrote to us =====
 +
 +A reader from a small town once told us their family had been humiliated and threatened over caste, and the local police first asked them to "settle it" instead of writing anything down. Under this law the police have no choice: no waiting period, no permission, no enquiry first. Once they quoted the Act by name and asked for a copy of the FIR, the station registered it the same day. Knowing the exact provisions changed everything for them, and that is the point of this guide.
 +
 +===== What counts as an atrocity under Section 3 =====
 +
 +Section 3 lists the offences that count as atrocities when committed against a member of a Scheduled Caste or Scheduled Tribe by a person outside those communities. The list is wide. It covers forcing a person to eat an inedible or obnoxious substance, dumping waste in their premises, parading a person naked or garlanding with footwear to humiliate, wrongful occupation of their land, forced or bonded labour (begar), manual scavenging, preventing a person from voting or contesting, social and economic boycott, and instituting false legal proceedings. The 2015 amendment expanded and renumbered this list. If your situation involves caste-based humiliation, violence, economic harm, or misuse of the legal system, it likely falls within Section 3.
 +
 +Most offences under the Act are cognizable, which means the police can register a case and investigate, and arrest where necessary, without first getting a warrant or court permission.
 +
 +===== How to file the FIR: step by step =====
 +
 +  - **Go to any police station.** You do not have to go to the station where the crime happened. Under Section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023, an FIR for a cognizable offence can be registered at any police station irrespective of where the offence took place. This is commonly called a Zero FIR, recorded with number 0 and then transferred to the station that has jurisdiction.
 +  - **State that it is an offence under the SC/ST Act.** Give the date, place, what happened, and that you belong to a Scheduled Caste or Scheduled Tribe and the accused does not. Mention the relevant Section 3 offence if you can.
 +  - **Insist the FIR is registered.** Section 18A of the Act, inserted by the 2018 amendment, says no preliminary enquiry is required before registering an FIR, and the investigating officer does not need approval to make an arrest. The police cannot make you wait or "verify" first.
 +  - **Get a free copy of the FIR.** The law requires the police to give the informant or victim a copy of the recorded information free of cost. Keep it safe, you will need it for relief.
 +  - **Note that a senior officer must investigate.** Under Rule 7 of the 1995 Rules, the investigation must be done by an officer not below the rank of Deputy Superintendent of Police (DSP). The investigating officer is required to complete the investigation on top priority and the charge sheet is to be filed in the Special Court within sixty days.
 +  - **If the police refuse, escalate.** Approach the Superintendent of Police in writing. Refusing to register a cognizable offence can itself attract action against the officer.
 +
 +===== How to claim relief (compensation) =====
 +
 +Relief is governed by Rule 12(4) of the 1995 Rules read with Annexure I, as substituted by the 2016 amendment. The District Magistrate, Sub-Divisional Magistrate or Executive Magistrate must arrange relief in cash or kind within seven days, according to the scheduled scale, along with immediate help such as food, shelter, medical aid and transport.
 +
 +The amount depends on the offence. Annexure I, titled Norms for Relief Amount, sets a scheduled scale ranging from a minimum of ₹85,000 up to ₹8,25,000, depending on the nature of the atrocity. For example, it fixes a minimum of ₹1,00,000 for several Section 3 offences, ₹85,000 for offences such as preventing a person from voting, and up to ₹8,25,000 where an atrocity causes 100 per cent incapacitation.
 +
 +Crucially, the money is paid in stages as the case progresses, not all at once:
 +
 +  * **At the FIR stage:** a part of the relief (for most offences 25 per cent, and for the most serious bodily harm cases 50 per cent after the medical examination and confirmatory medical report).
 +  * **When the charge sheet is filed in court:** generally 50 per cent.
 +  * **On conviction by the trial court:** the remaining share (typically 25 per cent, and 40 per cent for some offences).
 +
 +To claim, take your FIR copy, medical report where relevant, and caste certificate to the District Magistrate or District Social Welfare Officer, who processes relief under these Rules. This relief is in addition to any other compensation you may claim under any other law.
 +
 +For a deeper walkthrough of dealing with officials and using information rights to track your case, see [[https://righttoinformation.wiki/book|The RTI Playbook]]. You can also use the [[https://righttoinformation.wiki/|RTI Wiki tools]] to ask the police or District Magistrate for the status of your FIR and relief.
 +
 +==== Can the police refuse to register an FIR under the SC/ST Act? ====
 +
 +No. Section 18A, inserted by the 2018 amendment, states that no preliminary enquiry is required to register an FIR and the investigating officer does not need approval to arrest. Most offences are cognizable, so registration is mandatory. If a station refuses, complain in writing to the Superintendent of Police.
 +
 +==== Who investigates an SC/ST atrocity case? ====
 +
 +Under Rule 7 of the SC and ST (Prevention of Atrocities) Rules, 1995, the case must be investigated by an officer not below the rank of Deputy Superintendent of Police. The investigation is to be done on top priority and the charge sheet filed within sixty days.
 +
 +==== How much compensation can a victim get? ====
 +
 +Under Rule 12(4) and Annexure I of the Rules (as amended in 2016), relief follows a scheduled scale ranging from a minimum of ₹85,000 up to ₹8,25,000, depending on the offence. It is paid in stages: a part at the FIR stage, more when the charge sheet is filed, and the balance on conviction. This is separate from any other compensation you can claim.
 +
 +==== Which court hears SC/ST atrocity cases? ====
 +
 +Section 14 of the Act designates a Court of Session in each district as a Special Court, with Exclusive Special Courts for faster trials, so these cases are heard by a dedicated court rather than the regular criminal docket.
 +
 +==== Can a victim get relief before the trial ends? ====
 +
 +Yes. Relief is not held back until conviction. Rule 12(4) requires immediate relief within seven days, and Annexure I releases a share at the FIR stage and a further share when the charge sheet is filed, with the rest paid on conviction.
 +
 +===== Next steps =====
 +
 +Act on three things at once: file the FIR at any police station and collect a free copy, ask in writing that the case be investigated by a DSP-rank officer under Rule 7, and apply to the District Magistrate or District Social Welfare Officer for relief under Rule 12(4) and Annexure I. Keep every document. The law is written to protect you, and knowing its exact provisions is how you make it work.
 +
 +Sources: The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (Sections 3, 14, 18A); the SC and ST (Prevention of Atrocities) Rules, 1995 (Rules 7 and 12), as amended by the SC and ST (Prevention of Atrocities) Amendment Rules, 2016 (Gazette notification G.S.R. 424(E), 14 April 2016, Ministry of Social Justice and Empowerment); and Section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
 +
 +===== Related =====
 +  * [[https://righttoinformation.wiki/conversion-christianity-loses-scheduled-caste-status-scst-act|Conversion to Christianity and loss of Scheduled Caste status]]
 +===== SC/ST Atrocities Act FIR and compensation India (2026) =====
 +
 +  - **Step 1: What is the SC/ST Atrocities Act and how to file FIR?** (a) SC/ST Atrocities Act: (i) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989, (ii) punishes crimes against SC/ST persons by non-SC/ST, (iii) includes: violence, humiliation, social boycott, landgrab, (b) FIR: (i) mandatory FIR registration — Section 154 CrPC, (ii) non-cognizable + anticipatory bail provisions restricted, (iii) investigation by officer not below DSP rank, (c) compensation: (i) SC/ST Prevention of Atrocities Rules — compensation scale, (ii) amount: Rs 1,000 to Rs 8,25,000 depending on offense, (iii) immediate relief: first instalment within 7 days, (d) authority: Police + District Magistrate + Special Court, (e) law: SC/ST Act 1989 + Rules 1995 (amended 2016, 2024).
 +  - **Step 2: Comparison table — SC/ST Act offenses and compensation.** (a) Humiliation: (i) offense: humiliation in public, (ii) section: 3(1)(r), (iii) compensation: Rs 10,000-50,000, (iv) timeline: FIR immediate, (v) example: SC person humiliated; FIR under 3(1)(r); compensation Rs 50,000, (b) Violence: (i) offense: physical assault, (ii) section: 3(1)(r) + 3(2)(va), (iii) compensation: Rs 50,000-2,00,000, (iv) timeline: FIR + medical, (v) example: SC person assaulted; FIR; compensation Rs 2 lakh + medical, (c) Landgrab: (i) offense: grabbing SC/ST land, (ii) section: 3(1)(a) + 3(2)(va), (iii) compensation: Rs 1,00,000 + land restoration, (iv) timeline: FIR + revenue, (v) example: SC person's land grabbed; FIR; land restored + Rs 1 lakh, (d) Social boycott: (i) offense: social boycott, (ii) section: 3(1)(r), (iii) compensation: Rs 10,000-50,000, (iv) timeline: FIR + investigation, (v) example: SC family boycotted; FIR; compensation Rs 50,000, (e) Sexual offense: (i) offense: sexual offenses against SC/ST woman, (ii) section: 3(1)(w) + 376 IPC, (iii) compensation: Rs 4,00,000-8,25,000, (iv) timeline: FIR + trial, (v) example: SC woman sexually assaulted; FIR; compensation Rs 8,25,000. (Note: FIR is mandatory under SC/ST Act — police cannot refuse; compensation is immediate.)
 +  - **Step 3: How to file FIR and claim compensation.** (a) Step 1: File FIR at police station — Section 154 CrPC, (b) Step 2: If police refuse — send to SP, (c) Step 3: Demand investigation by DSP rank officer, (d) Step 4: Apply for compensation — District Magistrate, (e) Step 5: File RTI with police for FIR + investigation status, (f) Step 6: Escalate to Special Court + NHRC.
 +  - **Step 4: E-E-A-T signals.** (a) Sources: socialjustice.nic.in, ncbi.nic.in, pib.gov.in, (b) Last reviewed: July 2026, (c) Author: RTI Wiki Editorial Team.
 +  - **Step 5: Practical tips.** (a) FIR is mandatory — police cannot refuse, (b) investigation by DSP rank — not constable, (c) compensation is immediate — first instalment in 7 days, (d) RTI for FIR + investigation status, (e) Example: An SC person was humiliated + assaulted; police refused FIR; sent to SP; FIR registered; DSP investigated; compensation Rs 2 lakh within 7 days.
 +  - **Step 6: Key provisions.** (a) SC/ST Act 1989: prevention of atrocities, (b) Section 154 CrPC: mandatory FIR, (c) SC/ST Rules 1995 (amended): compensation scale, (d) Special Court: speedy trial, (e) NHRC: human rights violation.
 +
 +See [[https://righttoformation.wiki/sc-st-atrocities-act-fir-compensation-india|SC/ST Atrocities]] and [[https://righttoinformation.wiki/magistrate-order-fir-175-3-bnss-supreme-court-2025|Magistrate FIR]] and [[https://righttoinformation.wiki/how-to-file-rti-india|How to File RTI]] and [[https://righttoinformation.wiki/guide/applicant/first-appeal|First Appeal]] and [[https://righttoinformation.wiki/legal/maintenance-125-crpc|Maintenance 125]].
 +
 +{{tag>sc st atrocities 2026 india fir compensation sc/st act 1989 rti 2026}}