Home  /  Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989  /  Section 20

Section 20: Act to override other laws

Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1989
Section 19 All 23 Sections of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 Section 21

Legal Commentary & Landmark Judgments: Section 20

Section 20 embodies a formidable non-obstante clause establishing the absolute supremacy of the SC/ST Act over any inconsistent general law, state enactment, custom, usage, or contractual instrument, cementing the statute's status as supreme affirmative penal legislation.

  • Supreme Non-Obstante Override: The provisions of the SC/ST Act prevail over 'anything inconsistent therewith contained in any other law for the time being in force' (including CrPC / BNSS, IPC / BNS, and state police acts). In the event of a conflict, the special provisions of the 1989 Act strictly override general procedural or penal provisions.
  • Annihilation of Inconsistent Custom and Usage: The section explicitly overrides 'any custom or usage'. Traditional caste customs, unwritten village norms, khap panchayat decrees, customary social boycotts, or practices of untouchability can never be pleaded in defense or mitigation of an offence under the Act.
  • Overriding Instruments & Agreements: Nullifies any contract, bond, deed, or instrument executed pursuant to any law that seeks to dilute victim protections, waive statutory compensation, or enforce bonded or menial labor upon members of Scheduled Castes or Scheduled Tribes.
Key Landmark Precedents:
  • State of M.P. v. Ram Kishna Balothia (1995) 3 SCC 221: The Supreme Court affirmed that Section 20 confers paramountcy upon the provisions of the SC/ST Act, upholding the exclusion of Section 438 CrPC (anticipatory bail) under Section 18 as a valid exercise of parliamentary primacy over general procedural law.
  • Prathvi Raj Chauhan v. Union of India (2020) 4 SCC 727: The Supreme Court reaffirmed that Section 20 ensures that the statutory protections of the Act, including the bar on anticipatory bail under Sections 18 and 18A, reign supreme over the general provisions of the Code of Criminal Procedure.
  • Hariram Bhambhi v. Satyanarayan 2021 SCC OnLine SC 1010: Held that Section 20 gives overriding effect to victim participation rights under Section 15A over the general provisions of the CrPC, establishing that an appeal against bail cannot be dismissed without hearing the victim.
Courtroom Practice & Strategic Litigation Guidance:

Invoke Section 20 whenever the prosecution or defense faces conflicting procedural requirements under the BNSS / CrPC and the SC/ST Act. For example, where an accused attempts to rely on general provisions of compromise, compounding, or probation, Section 20 read with Section 18/18A establishes the primacy of the SC/ST Act. In cases where village caste councils claim that an altercation was settled by 'customary panchayat compromise', assert Section 20 to demonstrate that caste customs are non est in law.

Section 19 All 23 Sections of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 Section 21