An accused belongs to a Scheduled Caste and the victim belongs to a Scheduled Tribe. What does section…
The opening words of section 3(1) and (2) require the accused to be a member of neither a Scheduled Caste nor a Scheduled Tribe. A victim’s membership in a different…
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An accused belongs to a Scheduled Caste and the victim belongs to a Scheduled Tribe. What does section 3 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 require as to the accused’s membership?
Answer and explanation
Correct answer A
The opening words of section 3(1) and (2) require the accused to be a member of neither a Scheduled Caste nor a Scheduled Tribe. A victim’s membership in a different protected group does not change that condition.
Option feedback
Option A
Section 3 excludes an accused who is a member of either protected group.
Option B
Section 3 does not create an exception for different protected groups.
Option C
The accused must be outside both protected groups. Shared membership would not satisfy section 3.
Option D
The exclusion applies to membership in either group.
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Karnataka Higher Judicial Service