September 12, 2026

Section 8 – SC/ST Prevention of Atrocities Act: Presumption as to Offences

Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — back to Table of Contents

Section 8. Presumption as to offences

In a prosecution for an offence under this Chapter, if it is proved that—

  • (a) the accused rendered any financial assistance in relation to the offences committed by a person accused of, or reasonably suspected of, committing, an offence under this Chapter, the Special Court shall presume, unless the contrary is proved, that such person had abetted the offence;
  • (b) a group of persons committed an offence under this Chapter and if it is proved that the offence committed was a sequel to any existing dispute regarding land or any other matter, it shall be presumed that the offence was committed in furtherance of the common intention or in prosecution of the common object;
  • (c) the accused was having personal knowledge of the victim or his family, the Court shall presume that the accused was aware of the caste or tribal identity of the victim, unless the contrary is proved.

Note: Clause (c) was inserted by the 2015 Amendment Act (Act 1 of 2016), with effect from 26 January 2016.