(1) Whoever, being a public servant and 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 over 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 proper sections of this Act;
(c) to furnish a copy of the information so recorded 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 Exclusive Special Court within a period of sixty days;
(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 offence under this section shall be taken by the Special Court or the Exclusive Special Court.
Legal Commentary & Landmark Judgments: Section 4
Section 4 enforces administrative accountability by prescribing rigorous criminal punishment for any public servant—who is not a member of a Scheduled Caste or Scheduled Tribe—who willfully neglects their statutory duties under the Act.
Willful neglect of any of these enumerated duties attracts mandatory imprisonment of not less than six months, extendable up to one year. Cognizance is taken upon recommendation of the administrative authority or through direct judicial notice by the Special Court.
Section 4 serves as an essential check against police apathy and institutional caste bias. By criminalizing investigative omissions—such as failure to secure medical records or deliberate delays in chargesheeting—the provision strips recalcitrant officers of sovereign immunity.