member, shall be punishable with such punishment as specified under the Indian Penal Code
(45 of 1860) for such offences and shall also be liable to fine;]
(vi) knowingly or having reason to believe that an offence has been committed under this
Chapter, causes any evidence of the commission of that offence to disappear with the intention of
screening the offender from legal punishment, or with that intention gives any information respecting
the offence which he knows or believes to be false, shall be punishable with the punishment provided
for that offence; or
(vii) being a public servant, commits any offence under this section, shall be punishable with
imprisonment for a term which shall not be less than one year but which may extend to the
punishment provided for that offence.
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[4. Punishment for neglect of duties.—(1) Whoever, being a public servant but not being a member
of a Scheduled Caste or a Scheduled Tribe, wilfully neglects his duties required to be performed by him
under this Act and the rules made thereunder, shall be punishable with imprisonment for a term which
shall not be less than six months but which may extend to one year.
(2) The duties of public servant referred to in sub-section (1) shall include––
(a) to read out to an informant the information given orally, and reduced to writing by the officer
in charge of the police station, before taking the signature of the informant;
(b) to register a complaint or a First Information Report under this Act and other relevant
provisions and to register it under appropriate sections of this Act;
(c) to furnish a copy of the information so recorded forthwith to the informant;
(d) to record the statement of the victims or witnesses;
(e) to conduct the investigation and file charge sheet in the Special Court or the Exclusive Special
Court within a period of sixty days, and to explain the delay if any, in writing;
(f) to correctly prepare, frame and translate any document or electronic record;
(g) to perform any other duty specified in this Act or the rules made thereunder:
Provided that the charges in this regard against the public servant shall be booked on the
recommendation of an administrative enquiry.
(3) The cognizance in respect of any dereliction of duty referred to in sub-section (2) by a public
servant shall be taken by the Special Court or the Exclusive Special Court and shall give direction for
penal proceedings against such public servant.]
5. Enhanced punishment subsequent conviction.—Whoever, having already been convicted of an
offence under this Chapter is convicted for the second offence or any offence subsequent to the second
offence, shall be punishable with imprisonment for a term which shall not be less than one year but
which may extend to the punishment provided for that offence.
6. Application of certain provisions of the Indian Penal Code.—Subject to the other provisions of
this Act, the provisions of section 34, Chapter III, Chapter IV, Chapter V, Chapter VA, section 149 and
Chapter XXIII of the Indian Penal Code (45 of 1860), shall, so far as may be, apply for the purposes of
this Act as they apply for the purposes of the Indian Penal Code.
7. Forfeiture of property of certain persons.—(1) Where a person has been convicted of any
offence punishable under this Chapter, the Special Court may, in addition to awarding any punishment,
by order in writing, declare that any property, movable or immovable or both, belonging to the person,
which has been used for the commission of that offence, shall stand forfeited to Government.
(2) Where any person is accused of any offence under this Chapter, it shall be open to the Special
Court trying him to pass an order that all or any of the properties, movable or immovable or both,
1. Subs. by Act 1 of 2016, s. 5, for section 4 (w.e.f. 26-1-2016).
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