SC ST ACT MCQ Quiz in বাংলা - Objective Question with Answer for SC ST ACT - বিনামূল্যে ডাউনলোড করুন [PDF]

The correct answer is the Code of Criminal Procedure, 1973 (2 of 1974).

Key Points

• As per section 2(1)(b) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, the term "Code" means the Code of Criminal Procedure, 1973 (2 of 1974).
• The Code of Criminal Procedure, covers various aspects such as investigation of crimes, apprehension of suspected criminals, collection of evidence, determination of guilt or innocence of the accused, and the imposition of penalties on the guilty. It also defines the machinery for the enforcement of the law.

The correct answer is Option 4.

Key Points

• Section 6 of the SC & ST Act deals with the application of certain provisions of the Indian Penal Code (IPC) to the Act. It specifies that, subject to the other provisions of this Act, specific sections and chapters of the IPC will apply to this Act in the same way they apply to the IPC. These include:
  • Section 34 
  • Chapter III 
  • Chapter IV 
  • Chapter V 
  • Chapter VA 
  • Section 149 
  • Chapter XXIII 
• ​In essence, Section 6 integrates these IPC provisions into the Act to ensure consistency in the application of legal principles and procedures.

The correct answer is The Special Court or the Exclusive Special Court. 

Key Points

• According to Section 4(3) of the SC & ST Act, 1989, any dereliction of duty by a public servant as specified in the Act will be taken cognizance of by the Special Court or the Exclusive Special Court.
• These courts have the authority to give directions for penal proceedings against the public servant who has neglected their duties.
• This means that only these designated courts can officially recognize and address the failure of public servants to perform their required duties under this Act and initiate appropriate legal action against them.

The correct answer is Option 3

Key Points

• Upon conviction, the attached property's fate is directly linked to the realization of fines imposed as part of the sentence.
• This linkage is vital because it ensures that the punitive financial penalties are enforceable, reinforcing the economic consequences of committing offenses.
• By making the property liable to forfeiture to the extent necessary to satisfy the fines, the law ensures that the penalties have a tangible impact on the offender and serves as a strong deterrent to others.
• This method of tying the forfeiture of property to the realization of fines ensures that the punishment not only serves a retributive purpose but also aids in the practical recovery of financial penalties, thereby supporting the broader goals of justice and deterrence under the Act.

The correct answer is Option 2

Key Points

• Section 7(2)  empowers the Special Court to take preemptive action by ordering the attachment of the accused's property during the trial.
• This precautionary measure is crucial as it safeguards the property from being disposed of or hidden by the accused before a judgment can be rendered.
• By attaching the property early in the legal process, the court ensures that, should the trial result in a conviction, the property is readily available to be forfeited or used to satisfy any imposed fines.
• This not only facilitates the enforcement of the court's orders but also underscores the commitment to ensuring that justice is not impeded by the lack of available assets.

The correct answer is Option 2

Key Points

• Section 6 states that, subject to other provisions of this Act, various specific sections and chapters of the IPC, including section 34, Chapters III to V, VA, section 149, and Chapter XXIII, apply to this Act as they do to the IPC. This ensures a comprehensive legal framework to address offenses under this Act, using established legal standards and procedures.
• Section 6 incorporates specific provisions from the Indian Penal Code (IPC) to be applied in the context of this Act, ensuring that the legal framework for handling offenses is robust and comprehensive.
• By referencing specific sections and chapters of the IPC, such as those related to joint liabilities, various types of criminal conspiracies, and collective unlawful assemblies, the Act integrates well-established legal principles into its operational framework.
• This integration allows for consistency in legal procedures and enriches the legal mechanisms available to address the complexities often involved in cases of atrocities, ensuring that all aspects of criminal behavior can be appropriately addressed under the law.

The correct answer is Option 2Key Points

• Section 5 of the Act emphasizes enhanced punitive measures for repeat offenders to deter persistent violations of the law. When an individual, previously convicted of an offense under this Act, is convicted again, the law mandates a minimum imprisonment term of one year.
• This approach reflects the legislative intent to impose stricter penalties for subsequent offenses as a means to reinforce the severity of the crimes and enhance the deterrent effect of the law.
• The provision of a minimum term, rather than leaving it to judicial discretion, underscores a commitment to ensuring that repeat offenders face significant consequences.

The correct answer is Option 3

Key Points

• Section 4 of the Act stipulates that charges against a public servant for neglecting duties can only be booked following the recommendation of an administrative enquiry.
• This is a procedural requirement to ensure that accusations are substantiated before formal charges are pursued.
• The process for booking charges against a public servant for neglecting duties under the Act is deliberately structured to include a preliminary administrative enquiry.
• This prerequisite serves several purposes: it acts as a safeguard against unwarranted accusations, ensures a thorough investigation before any legal action is initiated, and maintains procedural integrity.
• By requiring the recommendation of an administrative enquiry, the Act ensures that any decision to prosecute is well-founded on evidence and formal findings.
• This mechanism is intended to deter frivolous or retaliatory charges that could undermine the seriousness of the Act. It also reinforces the accountability of public servants by subjecting their actions to scrutiny, ensuring that those entrusted with enforcing the law are also bound by it.

The correct answer is Option 2

Key Points

• Section 4(2) of the Act enumerates specific duties that public servants are expected to perform under the statute. These duties are fundamental in ensuring that the legal process is accessible, transparent, and fair to the victims of atrocities.
• Key duties include registering complaints or First Information Reports (FIRs), reading the information recorded back to the informant, furnishing copies of such information, and conducting timely investigations. Notably, the duty to provide legal counsel to the informant is absent from this list.
• The mention of legal counsel typically pertains to the rights of the accused or to legal aid provisions in other contexts, not as a duty imposed on public servants under this Act.
• This omission is significant because it highlights the focused nature of the Act on procedural compliance and victim support, rather than on extending legal advisory services.

The correct answer Option 2

Key Points

• Section 4(1) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, specifically addresses the consequences faced by a public servant who, not being a member of a Scheduled Caste or Scheduled Tribe, wilfully neglects the duties mandated by the Act.
• The legislation sets forth a stringent penalty, emphasizing the gravity of such neglect. The term of imprisonment prescribed is a minimum of six months, which underscores the Act's intent to enforce accountability rigorously.
• The maximum extension up to one year allows for judicial discretion based on the severity and circumstances of the neglect.
• This provision is crucial for ensuring that public servants adhere strictly to their duties under the Act, thereby safeguarding the rights and interests of the Scheduled Castes and Scheduled Tribes.