SC/ST Act | Desirable To Outline Caste Related Utterances In FIR Or Chargesheet Before Subjecting Accused To Trial: Supreme Court
1 year, 7 months ago

SC/ST Act | Desirable To Outline Caste Related Utterances In FIR Or Chargesheet Before Subjecting Accused To Trial: Supreme Court

Live Law  

Before subjecting an accused to a trial for alleged commission of offence under Section 3 of the the Scheduled Castes and the Scheduled Tribes Act, 1989, it is desirable that the caste related utterances are outlined either in the FIR or, atleast, in the chargesheet, said the Supreme Court recently. “Since section 18 of the SC/ST Act bars invocation of the court’s jurisdiction under section 438, Cr.PC and having regard to the overriding effect of the SC/ST Act over other laws, it is desirable that before an accused is subjected to a trial for alleged commission of offence under section 3, the utterances made by him in any place within public view are outlined, if not in the F.I.R., but at least in the charge-sheet so as to enable the court to ascertain whether the charge sheet makes out a case of an offence under the SC/ST Act having been committed for forming a proper opinion in the conspectus of the situation before it, prior to taking cognisance of the offence.” A Bench comprising Justice S. Ravindra Bhat and Justice Dipankar Datta expressed the aforementioned view while deciding a Special Leave Petition challenging the order of the Allahabad High Court whereby it had dismissed a application seeking quashing of criminal proceedings against the accused, who was alleged to have hurled caste abuses towards the complainant and his family members. The Court culled out the issues as under - whether it was at a place within public view that the appellant hurled caste related abuses at the complainant with an intent to insult or intimidate with an intent to humiliate him - The Court noted that the prosecution had relied on three witnesses. The situation becomes all the more glaring when in course of this proceeding the parties including the first respondent are unable to apprise us the outcome of the second F.I.R.” While allowing the petition, the Supreme Court observed - “We record that the High Court misdirected itself in failing to appreciate the challenge to the criminal proceedings including the charge-sheet in the proper perspective and occasioned a grave failure of justice in rejecting such challenge.” Case details Ramesh Chandra Vaishya v. State of Uttar Pradesh And Anr.| 2023 LiveLaw SC 469 | SLP No.

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History of this topic

Chargesheet Cannot Be Based On Bald Assertions Of Connivance: Supreme Court
Trending News
3 days, 5 hours ago

Chargesheet Cannot Be Based On Bald Assertions Of Connivance: Supreme Court

Live Law  

sThe Supreme Court recently held that offences in the chargesheet cannot be based on bald assertions of connivance. The Supreme Court referred to the ample judgments interpreting Section 197 namely Manohar Nath Kaul v. State of Jammu & Kashmir, Shambhoo Nath Misra v. State of U.P. Having considered the application of Section 197, the Court opined that the arguments of …

Chargesheet Cannot Be Based On Bald Assertions Of Connivance: Supreme Court
Trending News
3 days, 5 hours ago

Chargesheet Cannot Be Based On Bald Assertions Of Connivance: Supreme Court

Live Law  

sThe Supreme Court recently held that offences in the chargesheet cannot be based on bald assertions of connivance. The Supreme Court referred to the ample judgments interpreting Section 197 namely Manohar Nath Kaul v. State of Jammu & Kashmir, Shambhoo Nath Misra v. State of U.P. Having considered the application of Section 197, the Court opined that the arguments of …

SC agrees to hear plea against FIR under UP Gangsters Act
1 month ago

SC agrees to hear plea against FIR under UP Gangsters Act

Deccan Chronicle  

New Delhi: The Supreme Court has agreed to hear a plea challenging an Allahabad High Court order that dismissed an application seeking quashing of a chargesheet and proceedings under the Uttar Pradesh Gangsters and Anti-Social Activities Act. The petitioner, represented by senior Advocate Gaurav Agarwal and advocate Tanvi Dubey, argued that the FIR lodged against him under the UP Gangsters …

Complaint Didn't Mention Accused Was Aware Of Cast, Alleged Remark Wasn't Made In Public: Punjab & Haryana HC Quashes SC/ST Act Case
1 month ago

Complaint Didn't Mention Accused Was Aware Of Cast, Alleged Remark Wasn't Made In Public: Punjab & Haryana HC Quashes SC/ST Act Case

Live Law  

The Punjab & Haryana High Court has quashed the FIR and related proceedings under the Scheduled Castes and the Scheduled Tribes Act, 1989, observing that it was no where mentioned in the FIR lodged by the complainant that accused persons were aware of his caste. These observations were made while hearing the plea to quash the criminal complaint lodged in …

SC/ST Act Offences | Plea U/S 482 CrPC Maintainable When Entire Case Proceedings Are Challenged: Allahabad HC Answers Reference
1 month, 1 week ago

SC/ST Act Offences | Plea U/S 482 CrPC Maintainable When Entire Case Proceedings Are Challenged: Allahabad HC Answers Reference

Live Law  

The Allahabad High Court has observed that when a challenge lies to the entire proceeding of a case registered under the SC/ST Act, the High Court could entertain the case under its inherent jurisdiction under Section 482 CrPC to secure the end of justice.The Court held that there could be no hard and fast rule regarding the interference of the …

Rajasthan HC quashes FIR against Shilpa Shetty, Salman Khan under SC-ST Act
1 month, 2 weeks ago

Rajasthan HC quashes FIR against Shilpa Shetty, Salman Khan under SC-ST Act

New Indian Express  

JAIPUR: The Rajasthan High Court on Thursday quashed an FIR against Bollywood actors Shilpa Shetty and Salman Khan under the SC-ST Act. A single bench led by Justice Arun Monga ruled that an FIR under the SC-ST Act cannot be registered without proper sectioning and inquiry. Court Highlights Flaws in FIR The High Court bench noted that the FIR was …

Rajasthan HC clears accused of charges under SC/ST Act in 2011 ‘casteist slurs’ case
1 month, 3 weeks ago

Rajasthan HC clears accused of charges under SC/ST Act in 2011 ‘casteist slurs’ case

Hindustan Times  

The Rajasthan high court on Tuesday dismissed charges under the Scheduled Castes and Scheduled Tribes Act, 1989, against four individuals accused of using derogatory language toward public officials during an encroachment inspection in Jaisalmer. Justice Birendra Kumar observed that the alleged terms used — ‘bhangi’, ‘neech’, ‘bhikhari’ and ‘mangani’ — were not casteist slurs and therefore did not meet the …

'Bhangi', 'Neech', 'Bhikhari', 'Mangani', Not Caste Names: Rajasthan High Court Drops Charges Under SC/ST Act
1 month, 3 weeks ago

'Bhangi', 'Neech', 'Bhikhari', 'Mangani', Not Caste Names: Rajasthan High Court Drops Charges Under SC/ST Act

Live Law  

The Jodhpur bench of the Rajasthan High Court dropped charges under the SC/ST Act against four men accused of using words like 'Bhangi', 'Neech', 'Bhikhari', 'Mangani' while addressing certain individuals, ruling that these words were not caste names and neither was there an allegation that the four men knew the castes of the latter. A single judge bench of Justice …

Karnataka Court Convicts 101 in Decade-Old Atrocities Case, Sentences 98 of Them to Life Imprisonment
2 months, 2 weeks ago

Karnataka Court Convicts 101 in Decade-Old Atrocities Case, Sentences 98 of Them to Life Imprisonment

Live Law  

A sessions court in Karnataka convicted 101 people in a decade-old case of atrocity against members of the Scheduled Caste community at Marakumbi village. The accused were charged under Section 3(1)(x) of the SC/ST Act, which deals with intentional insult or intimidation to people belonging to SC/ST community, and other relevant sections of IPC. The court sentenced 98 of them …

Karnataka Court Convicts 101 in Decade-Old Atrocities Case, Sentences 98 of Them to Life Imprisonment
2 months, 2 weeks ago

Karnataka Court Convicts 101 in Decade-Old Atrocities Case, Sentences 98 of Them to Life Imprisonment

Live Law  

A sessions court in Karnataka convicted 101 people in a decade-old case of atrocity against members of the Scheduled Caste community at Marakumbi village. The accused were charged under Section 3(1)(x) of the SC/ST Act, which deals with intentional insult or intimidation to people belonging to SC/ST community. They were also charged under Section 3(1)(xi) Act which deals with assault …

Even Appeal For Registering FIR Under SC/ST Act Will Have To Be Video Recorded: Bombay High Court
4 months ago

Even Appeal For Registering FIR Under SC/ST Act Will Have To Be Video Recorded: Bombay High Court

Live Law  

In a significant ruling, the Bombay High Court recently held that even the proceedings in an appeal seeking to register a First Information Report under the stringent Scheduled Caste Scheduled Tribe Act, will be needed to be "video-recorded." In his September 3 order, Justice Marne noted that a division bench of the Bombay High Court has in the case of …

Alleged Act Of 'Intentional Insult' Under SC/ST Act Not Offence Unless Committed In Public View: Allahabad HC
7 months, 2 weeks ago

Alleged Act Of 'Intentional Insult' Under SC/ST Act Not Offence Unless Committed In Public View: Allahabad HC

Live Law  

The Allahabad High Court has recently reiterated that an alleged act of intentional insult or intimidation causing humiliation would constitute an offence under Section 3 of the Scheduled Caste and Scheduled Tribe Act, 1989 only if it is committed in public view. It was argued that the offence was committed in the informant's house, which is not a public place …

Orders Appealable U/S 14A Of SC/ST Act Can't Be Challenged U/S 482 Of CrPC: Allahabad High Court
10 months, 3 weeks ago

Orders Appealable U/S 14A Of SC/ST Act Can't Be Challenged U/S 482 Of CrPC: Allahabad High Court

Live Law  

The Allahabad High Court recently observed that in cases where an appeal against an order would lie under Section 14A of the SC/ST Act, 1989, the aggrieved person cannot invoke the inherent jurisdiction of the High Court under Section 482 CrPC to challenge the order. The Court also noted that Section 14-A starts with the words “notwithstanding anything contained in …

SC-ST Act| Intention To Humiliate Victim On Account Of Him/Her Belonging To SC-ST Community Is A Must To Implicate Accused: Allahabad HC
1 year, 2 months ago

SC-ST Act| Intention To Humiliate Victim On Account Of Him/Her Belonging To SC-ST Community Is A Must To Implicate Accused: Allahabad HC

Live Law  

The Allahabad High Court recently observed that to implicate an accused under the Scheduled Castes and Scheduled Tribes Act, 1989, what is necessary is that the offended words must have been used against the victim with intent to humiliate her/him because of her/him belonging to SC/ST community. With this, the Court set aside a cognizance order passed by the Special …

Section 149 IPC | Cannot Expect Witness To Speak About Specific Overt Act By Each Accused With Graphic Detail : Supreme Court
1 year, 4 months ago

Section 149 IPC | Cannot Expect Witness To Speak About Specific Overt Act By Each Accused With Graphic Detail : Supreme Court

Live Law  

The Supreme Court observed that in a case involving 149 of the Indian Penal Code, a witness cannot be expected to speak with graphic detail about the specific overt act that can be attributed to each of the accused.In this case, appellants- accused were concurrently convicted under Section 302 read with Sections 149 and 148 of the Indian Penal Code, …

SC/ST Atrocities Act | Case Not Made Out For Releasing Accused No Ground To Not Notify Victim Regarding Bail Proceedings: Bombay High Court
1 year, 5 months ago

SC/ST Atrocities Act | Case Not Made Out For Releasing Accused No Ground To Not Notify Victim Regarding Bail Proceedings: Bombay High Court

Live Law  

The Bombay High Court recently deprecated the practice of some Special Judges under the Scheduled Castes and the Scheduled Tribes Act not properly reflecting the submissions of victims as per Section 15A of the Act in their orders. “the present order does not speak that the notice was issued to the informant and he was heard in view of the …

Supreme Court Criminal Digest February 2023
1 year, 10 months ago

Supreme Court Criminal Digest February 2023

Live Law  

Code of Criminal Procedure 1973; Section 432 – Remission - In determining the entitlement of a convict for premature release, the policy of the State Government on the date of the conviction would have to be the determinative factor. Hitesh v. State of Gujarat, 2023 LiveLaw 72 Code of Criminal Procedure, 1973 - Prevention of Money-laundering Act, 2002; Section 46, …

Not Mandatory For The IO To File Chargesheet In Each FIR Lodged Under The SC-ST Act: Allahabad High Court
1 year, 11 months ago

Not Mandatory For The IO To File Chargesheet In Each FIR Lodged Under The SC-ST Act: Allahabad High Court

Live Law  

The Allahabad High Court has observed that it is not mandatory for the Investigating Officer to file a charge sheet in each and every case where an FIR has been lodged alleging the commission of offence under the SC/ST Act 1989.The Bench of Justice Rajan Roy and Justice Sanjay Kumar Pachori further clarified that Section 4 of the 1989 Act …

Supreme Court Monthly Criminal Digest: December 2022
1 year, 11 months ago

Supreme Court Monthly Criminal Digest: December 2022

Live Law  

Code of Criminal Procedure 1973; Section 319 - Power has to be excercised before the conclusion of the trial, which means before the pronouncement of the judgment. Sukhpal Singh Khaira v. State of Punjab, 2022 LiveLaw 1009 Code of Criminal Procedure 1973; Section 319 - Supreme Court Constitution Bench issues elaborate guidelines on the exercise of powers to summon additional …

"Private Civil Dispute Converted To Criminal Proceedings" : Supreme Court Quashes Complaint Alleging Offence Under SC-ST (Prevention Of Atrocities) Act
2 years ago

"Private Civil Dispute Converted To Criminal Proceedings" : Supreme Court Quashes Complaint Alleging Offence Under SC-ST (Prevention Of Atrocities) Act

Live Law  

The Supreme Court, in a judgment yesterday, quashed a complaint alleging offences under Scheduled Castes and the Scheduled Tribes Act, observing that it amounted to abuse of process of law and Court.The bench of Justices M R Shah and Krishna Murari observed that the private civil dispute between the parties is converted into criminal proceedings.In this case,. The Supreme Court, …

Criminal Proceedings Can Be Quashed When Complaint/FIR Does Not Disclose Any Act/Participation Of Accused In Crime: Supreme Court
2 years, 1 month ago

Criminal Proceedings Can Be Quashed When Complaint/FIR Does Not Disclose Any Act/Participation Of Accused In Crime: Supreme Court

Live Law  

The Supreme Court observed that the criminal proceedings can be quashed when the complaint on the basis of which FIR was registered does not disclose any act of the accused or their participation in the commission of crime. They are neither concerned with the registered sale deed dated 4th May, 1977 nor the later sale deed executed in favour of …

Section 14A Of SC/ST Act Contains No Limitation Period To Bar Filing Of Appeal Against Order Under 1989 Act: Allahabad High Court
2 years, 5 months ago

Section 14A Of SC/ST Act Contains No Limitation Period To Bar Filing Of Appeal Against Order Under 1989 Act: Allahabad High Court

Live Law  

The Allahabad High Court has observed that Section 14A of SC/ST Act, 1989 puts no limitation on filing an appeal against an order under the provisions of the 1989 Act.The Bench of Chief Justice Rajesh Bindal, Justice Ajai Kumar Srivastava-I and Justice Saurabh Lavania clarified that after the Allahabad High Court struck down the second proviso to sub-section. The Allahabad …

Can't Convict Accused U/S 3 (2) (v) SC/ST Act Sans Evidence That Offence Was Committed On Ground Of Victim's Caste: Allahabad HC
2 years, 5 months ago

Can't Convict Accused U/S 3 (2) (v) SC/ST Act Sans Evidence That Offence Was Committed On Ground Of Victim's Caste: Allahabad HC

Live Law  

The Allahabad High Court has observed that to prosecute a person for an offence committed under Section 3 of the SC/ST Act, there must be evidence to show that the accused committed on the ground that such person/victim is a member of a Scheduled Caste or a Scheduled Tribe.It may be noted that Section 3 penalizes a person, not being …

Supreme Court Quarterly Digests 2022 - CRIMINAL LAW (Jan-March)
2 years, 7 months ago

Supreme Court Quarterly Digests 2022 - CRIMINAL LAW (Jan-March)

Live Law  

Anticipatory Bail - SLP Against Madras HC Judgment dismissing anticipatory bail with some observations about requirement of custodial interrogation- Dismissed - High Court, after having found no case for grant of pre-arrest bail, has otherwise not given any such direction of mandatory nature - Observations are essentially of the reasons assigned by the High Court in declining the prayer of …

SC /ST Prevention Of Atrocities Act Is Prospective In Nature, Act Committed Prior To Its Enactment Not An Offence: Karnataka High Court
2 years, 10 months ago

SC /ST Prevention Of Atrocities Act Is Prospective In Nature, Act Committed Prior To Its Enactment Not An Offence: Karnataka High Court

Live Law  

The Karnataka High Court has held that the Scheduled Castes and Schedule Tribes Act 1989, is prospective in nature and alleged acts committed before its enactment cannot be an offence. It added, "The above apart, the alleged acts do not constitute an offence under the Scheduled Castes and Scheduled Tribes Act, 1989, which is prospective in operation, there being constitutional …

SC/ST Act | Victim's Request To Record Trial Proceedings Can't Be Dismissed Even If Sexual Offences Are Involved: Kerala High Court
2 years, 10 months ago

SC/ST Act | Victim's Request To Record Trial Proceedings Can't Be Dismissed Even If Sexual Offences Are Involved: Kerala High Court

Live Law  

The Kerala High Court has recently ruled that when a victim of offences under the Scheduled Castes and Scheduled Tribes Act makes a request to video record the trial proceedings, a court cannot turn it down even if sexual offences are involved. Justice Kauser Edappagath noted that Section 15A of the Act which permits video-recording of all proceedings is in …

Discrepancies Between FIR And Subsequent Statement Under Section 164 CrPC Not A Ground For Discharge : Supreme Court
2 years, 11 months ago

Discrepancies Between FIR And Subsequent Statement Under Section 164 CrPC Not A Ground For Discharge : Supreme Court

Live Law  

The Supreme Court observed that discrepancies between the FIR and any subsequent statement under Section 164 of the CrPC cannot be a ground for discharge without initiation of trial.Such discrepancies may be a defence during the trial, the bench comprising Justices Indira Banerjee and JK Maheshwari noted.In this case, a charge sheet was filed implicating the accused under various sections …

SC/ST Act - Notice To Victim Under Section 15A In Court Proceedings Against Accused Is Mandatory : Supreme Court
3 years, 2 months ago

SC/ST Act - Notice To Victim Under Section 15A In Court Proceedings Against Accused Is Mandatory : Supreme Court

Live Law  

The Supreme Court observed that requirement under Section 15A of SC-ST Act of issuing notice of a court proceeding to a victim or a dependent is mandatory.The bench of Justices DY Chandrachud and BV Nagarathna observed that, as per this requirement, a reasonable and timely notice must be issued to the victim or their dependent.Under Section 15A, a victim or. …

Complainant's Caste Is Of Paramount Importance & Is 'Sine Qua Non' In A Case Under SC/ST Act: Madhya Pradesh High Court
3 years, 3 months ago

Complainant's Caste Is Of Paramount Importance & Is 'Sine Qua Non' In A Case Under SC/ST Act: Madhya Pradesh High Court

Live Law  

The Madhya Pradesh High Court on Tuesday observed that in a case under SC/ST Act, the caste of the complainant is of paramount importance and is a sine qua non and that it can't be assumed that the complainant would forget to mention in the FIR that the assailants had made aspersions against his caste.Holding thus, the Bench of Justice …

"Prima Facie Insulting SC/ST Communities":Delhi High Court Upholds Order For Registering FIR For Caste-Based Questions In Recruitment Exam By DSSSB
3 years, 6 months ago

"Prima Facie Insulting SC/ST Communities":Delhi High Court Upholds Order For Registering FIR For Caste-Based Questions In Recruitment Exam By DSSSB

Live Law  

Holding that caste-based questions put in the primary teachers' recruitment exams conducted by the Delhi Subordinate Services Selection Board were prima facie intentionally insulting, or intimidating, with a view to insult members of specific castes, the Delhi High Court today upheld a trial court order directing for the registration of an FIR against unknown offenders under the. Holding that caste-based …

Section 3(2)(v) of SC/ST Act Will Attract As Long As Caste Identity Is One Of The Grounds For The Occurrence Of Offence: SC Doubts Earlier Judgments
3 years, 8 months ago

Section 3(2)(v) of SC/ST Act Will Attract As Long As Caste Identity Is One Of The Grounds For The Occurrence Of Offence: SC Doubts Earlier Judgments

Live Law  

The Supreme Court doubted the earlier judgments which interpreted Section 3 of the Scheduled Castes and the Scheduled Tribes Act,1989, to mean that the offence should have been committed "only on the ground that the victim was a member of the Scheduled Caste. The court noted that under Section 3, an enhanced punishment of imprisonment for life with fine is …

Special Court Under SC-ST (Prevention Of Atrocities) Act Has Power To Direct Registration Of FIR U/s 156(3) CrPC: Chhattisgarh HC [Read Judgment]
4 years, 2 months ago

Special Court Under SC-ST (Prevention Of Atrocities) Act Has Power To Direct Registration Of FIR U/s 156(3) CrPC: Chhattisgarh HC [Read Judgment]

Live Law  

The Chhattisgarh High Court has held that the Special Courts constituted under Section 14 of the Scheduled Caste and the Scheduled Tribes Act, has power and jurisdiction to invoke provisions contained in Section 156 of the CrPC and direct for registration of FIR and investigation.Justice Sanjay K. Agrawal was considering a petition challenging an order passed. The Chhattisgarh High Court …

POCSO Special Court Can Try Offences Under SC/ST(PoA) Act When Child-Victim Belongs To Scheduled Caste/Tribe : Bombay HC
4 years, 6 months ago

POCSO Special Court Can Try Offences Under SC/ST(PoA) Act When Child-Victim Belongs To Scheduled Caste/Tribe : Bombay HC

Live Law  

The Bombay High Court has held that in a case where the child subjected to abuse happened to be belonging to the Scheduled Caste or the Scheduled Tribe, procedure carved out in the Protection of Children From Sexual Offences Act of 2012 would not take away the powers of the Special POCSO Court to try the offences under the SC/ST …

Castiest Remarks Made Over The Phone Is not An Offence Under SC/ST Act : Punjab & Haryana HC [Read Order]
4 years, 7 months ago

Castiest Remarks Made Over The Phone Is not An Offence Under SC/ST Act : Punjab & Haryana HC [Read Order]

Live Law  

The Punjab and Haryana High Court has held that a casteist remark against a member of the Scheduled Caste community, which is made over a phone call, does not constitute an offence under the Scheduled Castes and Scheduled Tribes Act, 1989. "Merely uttering such wrong words in the absence of any public view does not show any intention or mens …

Delhi HC Issues Notice In Police Officer's Plea Seeking Quashing Of The FIR Under SC/ST Atrocities Act [Read Order]
4 years, 8 months ago

Delhi HC Issues Notice In Police Officer's Plea Seeking Quashing Of The FIR Under SC/ST Atrocities Act [Read Order]

Live Law  

Delhi High Court has issued notice in a plea moved by a police officer seeking quashing of an FIR against him which was registered for offences punishable under the SC and ST Act, 1989. The plea has been moved under Section 14 of the said Act against the order dated 29/02/20, passed by the Additional Sessions Judge, wherein the state …

Special Courts Under SC/ST Act Empowered To Take Direct Cognizance Of IPC Offences: Allahabad HC [Read Judgment]
4 years, 9 months ago

Special Courts Under SC/ST Act Empowered To Take Direct Cognizance Of IPC Offences: Allahabad HC [Read Judgment]

Live Law  

The Allahabad High Court has held that Special Courts under the SC/ST Act are empowered to take direct cognizance of offences committed under IPC and committal of the case to it by a magistrate under Section 193 of CrPC is not a mandatory precondition. The court noted that the SC/ST Act has been amended and a proviso had been appended …

SC Refuses To Entertain PIL Seeking Guidelines For Registration Of Sedition FIRs In The Wake Of Bidar School Case
4 years, 10 months ago

SC Refuses To Entertain PIL Seeking Guidelines For Registration Of Sedition FIRs In The Wake Of Bidar School Case

Live Law  

The Supreme Court on Friday refused to entertain a Public Interest Litigation petition, which sought guidelines for registration of criminal cases for sedition under Section 124A Indian Penal Code.The petition was filed by activist Yogita Bhayana, in the wake of recurring instances of sedition FIRs, particularly the recent case registered against the headmistress and parent of a student. The Supreme …

At The Stage Of Framing Of Charges, It Is Not Necessary To Evaluate Evidence Collected By IO:Allahabad HC [Read Order]
5 years, 1 month ago

At The Stage Of Framing Of Charges, It Is Not Necessary To Evaluate Evidence Collected By IO:Allahabad HC [Read Order]

Live Law  

The Allahabad High Court on Wednesday reiterated that at the stage of framing of charges, the trail court has to merely ascertain the existence of a prima facie case against the accused and that it is not required to assess all the evidence that has been collected by the Investigating Officer. The observation was made in an application filed by …

SC/ST Act - To Attract Section 3(1)(s), Incident Must Happen Both In A Public Place And In Presence Of Public : Bombay HC [Read Order]
5 years, 3 months ago

SC/ST Act - To Attract Section 3(1)(s), Incident Must Happen Both In A Public Place And In Presence Of Public : Bombay HC [Read Order]

Live Law  

The Bombay High Court on Wednesday held that insult or humiliation must take place in the presence of or in the proximity of atleast one independent public witness in order for the offence to qualify as atrocity under the Scheduled Caste and Scheduled Tribe Act. Justice AM Badar granted anticipatory bail to one Salim Shaikh accused under Sections 354, 440, …

Proof That Offence Was Committed Only Because Victim Was SC-ST Member Necessary To Sustain Conviction U/s 3(2)(v) SC-ST (Prevention Of Atrocities) Act: SC [Read Judgment]
5 years, 4 months ago

Proof That Offence Was Committed Only Because Victim Was SC-ST Member Necessary To Sustain Conviction U/s 3(2)(v) SC-ST (Prevention Of Atrocities) Act: SC [Read Judgment]

Live Law  

In order to sustain a conviction under Section 3 of the Scheduled Castes and Scheduled Tribes Act, it must be proved that the offence was committed only on the ground that the victim was a member of the Scheduled Caste, the Supreme Court has reiterated.The bench comprising Justice R. Banumathi and Justice AS Bopanna set aside the conviction of the …

SC Issues Guidelines to Prevent Abuse of SC/ST Act: Two-Judge Bench
6 years, 9 months ago

SC Issues Guidelines to Prevent Abuse of SC/ST Act: Two-Judge Bench

Live Law  

The Supreme Court of India has issued directions to prevent the misuse of provisions of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act 1989 (SC/ST Act). These directions aim to ensure that the provisions of the SC/ST Act are not abused for extraneous considerations and that individuals are not arrested or prosecuted without proper authorization.

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