Neglect of Duty by a Public Servant

An offence for the policeman who does nothing, a list of what "doing something" means, and a proviso that puts the decision back in the hands of his own department.

In the wording a student can write in an exam: section 4(1) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act 1989, as substituted by Act 1 of 2016, punishes a public servant, not being a member of a Scheduled Caste or a Scheduled Tribe, who wilfully neglects his duties required to be performed under the Act and the rules, with imprisonment of not less than six months but which may extend to one year. Section 4(2) lists those duties. The proviso to section 4(2) requires that the charges be booked on the recommendation of an administrative enquiry. Section 4(3) provides that cognizance of a dereliction under sub-section (2) shall be taken by the Special Court or the Exclusive Special Court, which shall give direction for penal proceedings against the public servant.

Why the section exists

Because the failure of the 1955 Act was a failure of policing rather than of drafting, and Parliament knew it. Under that Act a public servant who wilfully neglected an investigation was deemed to have abetted the offence by the Explanation to section 10, and section 15(2) then required the previous sanction of the Government before a court could take cognizance. So the only provision aimed at the police could not be used without the Government's permission.

Section 4 replaces that with a substantive offence, and section 4(3) takes the decision to prosecute away from the ordinary process by giving cognizance to the Special Court and requiring it to direct penal proceedings.

The seven duties

Section 4(2) is the part to learn, because it is a list of the things Parliament found were not being done. Each clause is a documented failure.

(a) To read out to an informant the information given orally, and reduced to writing by the officer in charge, before taking the informant's signature. The failure it answers is the first information report written to say something other than what the complainant said, signed by a complainant who could not read it.

(b) To register a complaint or first information report under this Act and other relevant provisions, and to register it under the appropriate sections of this Act. Two failures: not registering at all, and registering only the Penal Code offence so that the case never enters this Act's procedure. The second is the commoner and the more damaging, because it removes the Special Court, the Special Public Prosecutor, the bar on anticipatory bail, the presumptions and the compensation.

(c) To furnish a copy of the information so recorded forthwith to the informant. Without the copy the complainant cannot show what was registered.