If you are stuck in such a situation, here is what to do.

Mr. Alok Verma, a resident of Nagpur, intended to sell a plot of agricultural land he had owned for several years. A neighbouring landowner, Mr. Rajesh Singh, who belongs to a Scheduled Caste community, got wind of the sale. Mr. Singh approached Mr. Verma and demanded that the land either be sold to him at a drastically reduced price or not be sold at all. When Mr. Verma refused, Mr. Singh began threatening him, stating that if the sale proceeded with any other party, he would file a false complaint against Mr. Verma and his family under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. This threat put Mr. Verma in a very difficult position, as he feared the severe legal consequences and social stigma associated with such an accusation, even if it was baseless. This scenario highlights a growing concern where civil disputes, particularly those related to property, are being given a criminal colour through the misuse of protective legislation.

Advice in such cases

If you find yourself in a situation where you are being threatened with the misuse of the SC/ST Act, it is crucial to act cautiously and strategically.

• Stay Calm and Do Not Escalate: Avoid any confrontation with the person making the threats. Do not use any language that could be misinterpreted as abusive or casteist.
• Document Everything: Try to create a record of the threats. If the threats are made over the phone, record the conversation (ensure you are aware of call recording laws in your state). If they are made via text or WhatsApp, save the messages. If there are witnesses, note down their names and contact details.
• Gather Evidence of the Civil Dispute: Collect all documents related to your property – sale deeds, property tax receipts, and any prior communication that establishes the ongoing civil or property-related nature of the disagreement. This helps prove that the threat is a pressure tactic.
• File a Proactive Complaint: Do not wait for the other party to act. You can file a complaint with the police detailing the threats of extortion and criminal intimidation you are facing. This creates a prior record of the events from your perspective.
• **Consult with Lawyer:** The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Applicable Sections of Law

Understanding the relevant laws is key to navigating this issue:

• The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989: This Act is designed to protect members of the SC/ST communities from discrimination and atrocities. It is important to note that for an offence to be registered under this Act, the act must be committed with the knowledge that the victim belongs to the SC/ST community and often involves a specific caste-based insult or atrocity as defined in Section 3 of the Act. A simple property dispute does not automatically fall under its purview. The Supreme Court has, in several judgments, deprecated the misuse of this Act for settling personal scores or pressurizing individuals in civil disputes.
• Bharatiya Nyaya Sanhita, 2023 (BNS): The threats you are facing may constitute offences under the BNS.
• Section 348 (Criminal Intimidation): Threatening another person with injury to their person, reputation, or property to cause alarm or to cause them to do any act they are not legally bound to do (like not selling your land) is a criminal offence.
• Section 320 (Extortion): If the threat is made to compel you to deliver any property or valuable security (like selling the land at a lower price), it amounts to extortion.

If you are the complainant

If you are the one being threatened with a false SC/ST Act case (like Mr. Verma), you are the complainant in the context of the threat and extortion. Here are the steps you should take:

• Gather Your Evidence: Collect all proof of the threats, as mentioned earlier (recordings, messages, witness details). Also, compile all your property documents.
• Draft a Detailed Complaint: Write a clear and concise complaint addressed to the Superintendent of Police (SP) or the local Station House Officer (SHO). Detail the property dispute, the specific threats made, the date, time, and location of these threats, and the demand for extortion.
• File the Complaint: Submit the complaint to the police. If the local police are unresponsive, you can send the complaint to a higher-ranking officer like the SP or even approach the Magistrate’s court with a private complaint under Section 219 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
• Anticipatory Bail: If you have a strong apprehension that a false FIR under the SC/ST Act might be filed against you, you can file for anticipatory bail under Section 482 of the BNSS. While anticipatory bail provisions were initially restricted under the SC/ST Act, the Supreme Court in Prathvi Raj Chauhan vs. Union of India has clarified that courts can grant it if a prima facie case is not made out.
• **Consult with Lawyer:** The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

If you are the victim

If you are a member of the SC/ST community and are a genuine victim of a caste-based atrocity, the law is strongly on your side. In this context, “victim” refers to someone who has actually suffered an act defined as an atrocity under the Act, not someone using the Act to settle a civil dispute.

• Lodge an FIR: Go to the nearest police station and file a First Information Report (FIR). The police are obligated to register an FIR for cognizable offences under the SC/ST Act without any preliminary inquiry.
• Be Specific: In your complaint, clearly state the casteist slurs used, the specific acts of violence or humiliation, and mention that the accused committed the act knowing you belong to a Scheduled Caste or Scheduled Tribe.
• Medical Examination: If you have been physically harmed, insist on a medical examination at a government hospital immediately.
• Seek Legal Counsel: The Act provides for legal aid and other relief and rehabilitation measures for victims.
• **Consult with Lawyer:** The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

How the police behave in such cases

Police response can vary. When a complaint is filed under the SC/ST Act, the law mandates immediate registration of an FIR and investigation by an officer of at least the rank of Deputy Superintendent of Police (DSP). However, given the instances of misuse, police may conduct an informal preliminary inquiry to ascertain the basic facts, especially if there is a clear and pre-existing civil dispute. If you file a counter-complaint of extortion or intimidation, the police are supposed to investigate that as well. The police may be cautious, but your proactive complaint supported by evidence can provide them with the necessary context to understand the real issue.

FAQs people normally have

What evidence is required?

To defend against a false allegation or to prove a threat of misuse, the following evidence is crucial:

• Documents proving the civil nature of the dispute (e.g., property papers, previous notices).
• Audio or video recordings of the threats.
• Text messages, emails, or any other written communication.
• Statements from independent witnesses who saw or heard the threats.
• A copy of the police complaint you filed regarding the threats and extortion.

How long will the investigation take?

As per the SC/ST (Prevention of Atrocities) Rules, 1995, the investigation of a case under this Act should be completed within sixty days from the date of lodging the FIR. The charge sheet should be filed in the Special Court within this period. However, in practice, investigations can sometimes be delayed due to various factors. The subsequent court trial can be a lengthy process, often taking several years to conclude. For a counter-complaint of extortion, the timeline under the BNSS would apply, which does not have a strict statutory deadline like the SC/ST Act, but the investigation is expected to be completed in a timely manner.

Advocate Sudhir Rao, Supreme Court of India