The Parliamentary (Act Part-I)

Total Questions: 40

31. The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act is a special provision for the advancement of Scheduled Castes and Scheduled Tribes which is based on which one of the following doctrines? [M.P.P.C.S. (Pre) 2012]

(a) Doctrine of Severability
(b) Doctrine of Preferred Position
(c) Doctrine of Protective discrimination
(d) Doctrine of Harmonious Construction

Correct Answer: (c) Doctrine of Protective discrimination

Solution:Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 is based on the Doctrine of Protective Discrimination. This Act is based on the implementation of the system under Article 15(4) of the Indian Constitution. This Article prohibits the discrimination of people on the grounds of religion, race, caste, sex or place of birth.

32. Who is empowered for imposition and realization of a collective fine under SC and ST (Prevention of Atrocities) Act, 1989? [M.P.P.C.S. (Pre) 2014]

(a) District Magistrate
(b) State Government
(c) Special Court
(d) High Court

Correct Answer: (b) State Government

Solution:The power of imposition and realization of collective fine and for all other matters connected in addition to that under Sec. 16 of SC's and ST's Act, 1989 is vested in the State Government.

33. In a prosecution for an offence under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, the court can presume which of the following? [M.P.P.C.S. (Pre) 2013]

(a) Abetment
(c) Common Object
(b) Common Intention
(d) All of the above

Correct Answer: (d) All of the above

Solution:The court may presume abetment, common intention and common object in a prosecution for an offence under Section 8 of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

34. Which of the following Sections of the Scheduled Castes and the Scheduled Tribes Act, 1989 provides for application of certain provisions of the Indian Penal Code? [M.P.P.C.S. (Pre) 2016]

(a) Section 12
(b) Section 10
(c) Section 6
(d) Section 8

Correct Answer: (c) Section 6

Solution:Section 6 of Schedule Castes and Scheduled Tribes Act, 1989 provide application of Section 34, Chapter 3, Chapter 4. Chapter 5, Chapter 5-A, Section 149 and Chapter 23 of Indian Penal Code.

35. In how many days will the investigation officer submit his report for the offences committed under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989? [M.P.P.C.S. (Pre) 2017]

(a) 15
(b) 20
(c) 25
(d) 30

Correct Answer: (d) 30

Solution:According to the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Rules, 1995 the investigating officer shall complete the investigation on top priority within thirty days and submit the report to the Superintendent of Police. But this provision has been changed through the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Rules, 2016. As per this rule the investigating officer shall complete the investigation on top priority, and submit the report to the Superintendent of Police, who in turn shall immediately forward the report to the DGP or Commissioner of Police of the state government and the office in-charge of the concerned Police station shall file the charge-sheet in the special court within a period of sixty days (the period is inclusive of investigation and filing of charge-sheet). Note: According to the commission the correct option is (d), which is wrong as per the amendment rule, 2016.

36. Under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, which of the following is barred? [M.P.P.C.S. (Pre) 2013]

(a) Anticipatory Bail
(b) Post-arrest bail
(c) Benefit of probation
(d) All of the above

Correct Answer: (a) Anticipatory Bail

Solution:The Anticipatory Bail is barred under the Scheduled Castes and Scheduled Tribes ((Prevention of Atrocities) Act, 1989.

37. Under which of the following Sections of the Scheduled Castes and Scheduled Tribes Act, 1989 is anticipatory bail prohibited? [M.P.P.C.S. (Pre) 2016, M.P. P.C.S. (Pre) 2018]

(a) Section 16
(b) Section 17
(c) Section 18
(d) Section 19

Correct Answer: (c) Section 18

Solution:According to Section 18 of the Scheduled Caste and Schedule Tribes Act, 1989, "Nothing in section 438 (Anticipatory Baily shall apply in relation to any case involving the arrest of any person on an accusation of having committed an offence under this Act."

38. An offence committed under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 shall be investigated by a police officer, not below the rank of- [M.P.P.C.S. (Pre) 2013]

(a) Sub-Inspector
(b) Inspector
(c) Deputy Superintendent
(d) Superintendent

Correct Answer: (c) Deputy Superintendent

Solution:Under the rules framed by the central government in 1995 for the implementing of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, an offence committed under this Act shall be investigated by a Police Officer, not below the rank of Deputy Superintendent.

39. Which of the following powers is not provided to specified Special Court under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act? [M.P.P.C.S. (Pre) 2012]

(a) Forfeiture of property of a convict for an offence.
(b) To authorize a person for extra investigation other than police.
(c) To remove a person from the area who is suspected of committing a crime.
(d) Take measurement and photograph of a person who is suspected of committing a crime.

Correct Answer: (b) To authorize a person for extra investigation other than police.

Solution:In the given options, the power to authorize a person for extra investigation other than police is not provided to a specified Special Court under Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.

40. Which of the following powers a Special Court cannot exercise under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 19897- [M.P.P.C.S. (Pre) 2013]

(a) To remove a person
(b) To forfeit the property
(c) To take measurement of a person
(d) To impose collective fine

Correct Answer: (d) To impose collective fine

Solution:The Special Court cannot exercise power to impose collective fines under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

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