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 right that has been given under Section 15A and of the Atrocities Act. The court set aside a trial court’s order rejecting bail to the accused observing – “we would like to say that the learned Special Judge has written a very cryptic order, that too, without following the mandatory provisions. The court observed that the trial judge's order rejecting the bail application was cryptic and failed to comply with the mandatory provisions of Section 15A of the Atrocities Act, which grants victims the right to be informed and heard during court proceedings, including bail applications.

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History of this topic

Officials told to take action against SC, ST Atrocity accused
1 week, 6 days ago

Officials told to take action against SC, ST Atrocity accused

Deccan Chronicle  

Ambedkar Konaseema district collector R. Mahesh Kumar stressed the need for stringent action against the accused under the SC/ST Atrocities Prevention Act. Addressing the SC/ST Vigilance and Monitoring Committee district-level meeting held at Amalapuram on Thursday, he urged revenue and police officials to conduct thorough field-level investigations and expedite inquiries. He advised committee members to ensure justice for victims and …

Mandatory To Hear Informant/Victim Before Granting Bail In Rape Offences, SC/ST Act Cases : Supreme Court
3 weeks, 1 day ago

Mandatory To Hear Informant/Victim Before Granting Bail In Rape Offences, SC/ST Act Cases : Supreme Court

Live Law  

Affirming the importance of victim participation in criminal proceedings, the Supreme Court recently canceled the bail granted to a person accused of serious offences where the bail proceedings were conducted in the absence of the victim. The bench comprising Justices Bela M. Trivedi and Satish Chandra Sharma heard the criminal appeal filed by a victim against the Allahabad High Court's …

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 …

FIR Can Be Elaborated Upon By Informant But Cannot Be Used To Create Fresh Charges Against Accused: J&K High Court Grants Bail To In-Laws Accused Of Gang Rape
7 months, 1 week ago

FIR Can Be Elaborated Upon By Informant But Cannot Be Used To Create Fresh Charges Against Accused: J&K High Court Grants Bail To In-Laws Accused Of Gang Rape

Live Law  

The Jammu and Kashmir and Ladakh High Court has granted bail to two men accused of gangrape, observing that the initial complaint in the First Information Report can be elaborated upon by the informant, but this cannot be used to introduce new accusations or entirely new offenses against the accused. Spotlighting the distinction between elaboration and improvisation with respect to …

SC/ST Act | Bail Can't Be Granted Merely Based On Period Of Detention, Nature & Gravity Of Offence Must Be Considered: Madras High Court
8 months, 1 week ago

SC/ST Act | Bail Can't Be Granted Merely Based On Period Of Detention, Nature & Gravity Of Offence Must Be Considered: Madras High Court

Live Law  

While denying bail to a man accused of murdering a person belonging to the marginalized community, the Madras High Court has stressed that while considering bail applications in connection with offenses under the SC/ST Act, the courts should refrain from granting bail merely based on period of detention. Selvakumar argued that the Special Court had granted bail to the co-accused …

SC/ST Act Proceedings Even If Held In Open Court Must Be Video Recorded: Bombay High Court
9 months, 3 weeks ago

SC/ST Act Proceedings Even If Held In Open Court Must Be Video Recorded: Bombay High Court

Live Law  

The Bombay High Court has clarified that it is mandatory to video record all proceedings, including bail proceedings, in cases under the Scheduled Castes and Scheduled Tribes Act, 1989. “It would be necessary to video record any proceeding relating to the Scheduled Castes and Scheduled Tribes Act 1989 even though the proceedings are held in open court.Hearing of a bail …

SC/ST Act | No Absolute Bar Against Grant Of Anticipatory Bail If Alleged Offences Prima Facie Not Made Out: Orissa High Court Reiterates
11 months, 1 week ago

SC/ST Act | No Absolute Bar Against Grant Of Anticipatory Bail If Alleged Offences Prima Facie Not Made Out: Orissa High Court Reiterates

Live Law  

The Orissa High Court, on Thursday, reiterated that there is no absolute bar against grant of anticipatory bail to an accused under the Scheduled Caste and Scheduled Tribe Act, 1989, if no prima facie offence is made out. While clarifying the implications of Section 18 and Section 18A of the Act, the Single Bench of Justice Sashikanta Mishra held – …

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 …

Accused Under SC/ST Act Cannot Directly Approach High Court For Bail Or Anticipatory Bail: Kerala High Court
1 year, 10 months ago

Accused Under SC/ST Act Cannot Directly Approach High Court For Bail Or Anticipatory Bail: Kerala High Court

Live Law  

The Kerala High Court recently held that a person accused of offences punishable under the Scheduled Castes and the Scheduled Tribes Act, 1989 cannot directly approach the High Court seeking bail. On dealing with the question of whether the fresh bail application can be entertained, the court observed as thus: As per Section 14-A, it has been specifically provided that, …

Accused Under SC/ST Act Cannot Directly Move High Court For Anticipatory Bail, Must Approach Special Courts First: Punjab & Haryana HC
2 years ago

Accused Under SC/ST Act Cannot Directly Move High Court For Anticipatory Bail, Must Approach Special Courts First: Punjab & Haryana HC

Live Law  

The Punjab and Haryana High Court has ruled that an accused under the Scheduled Castes and the Scheduled Tribes Act, 1989 is first required to approach the Special Court for anticipatory bail as the high court's original jurisdiction under Section 438 CrPC in such cases stands excluded.Dismissing an anticipatory bail plea of an accused who had directly approached. The Punjab …

Madhu Lynching Case: Kerala High Court Stays Special Court Order Canceling Bail Of 12 Accused
2 years, 4 months ago

Madhu Lynching Case: Kerala High Court Stays Special Court Order Canceling Bail Of 12 Accused

Live Law  

The Kerala High Court on Wednesday stayed an order of the Special Court for SC/ST Act, Mannarkkad, cancelling the bail granted to 12 of the 16 accused in the lynching case of tribal youth, Madhu, accused of stealing food in Attappady in February 2018.Justice Kauser Edappagath stayed the lower court's order till 29th August, 2022 on an appeal filed by. …

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 …

"No One Can Be Arrested Simply On Basis Of Assumption & Perception": Murder Accused Argues In Rajasthan High Court, Secures Bail
2 years, 7 months ago

"No One Can Be Arrested Simply On Basis Of Assumption & Perception": Murder Accused Argues In Rajasthan High Court, Secures Bail

Live Law  

The Rajasthan High Court has granted bail to a murder accused after hearing his counsel's arguments contending that no one can be arrested simply on the basis of assumption, presumption and perception. The appellant's counsel submitted that there is no eye-witness of the incident and the case of the prosecution is based on circumstantial evidence, however no circumstances are available …

No Untoward Incident Has Occured: Gujarat High Court Dismisses Plea For Cancellation Of Bail Of Accused Under SC/ST Act
2 years, 7 months ago

No Untoward Incident Has Occured: Gujarat High Court Dismisses Plea For Cancellation Of Bail Of Accused Under SC/ST Act

Live Law  

Observing that no untoward incident has taken place since the persons accused under the Scheduled Castes and Scheduled Tribes Act, 1989 were released on bail, the Gujarat High Court has refused to entertain an application preferred by the complainant for cancellation of bail.Bench comprising Justice Ashutosh Shastri observed,"Trial is already set on motion and the. Observing that no untoward incident …

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 …

'Atrocities Against SC-STs Not A Thing Of Past': Supreme Court Says 'Shoddy Investigation' Reason For Many Acquittals
3 years, 2 months ago

'Atrocities Against SC-STs Not A Thing Of Past': Supreme Court Says 'Shoddy Investigation' Reason For Many Acquittals

Live Law  

"Atrocities against members of the Scheduled Castes and Scheduled Tribes are not a thing of the past. ", the Supreme Court remarked in its judgment holding that the 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 headed by Justice DY Chandrachud observed that many …

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. …

Proceedings Under SC-ST Act Not Vitiated Merely Because Cognizance Was Taken By Magistrate: Supreme Court
3 years, 2 months ago

Proceedings Under SC-ST Act Not Vitiated Merely Because Cognizance Was Taken By Magistrate: Supreme Court

Live Law  

The Supreme Court observed that criminal proceedings under SC-ST Act, is not vitiated merely because the magistrate had taken cognizance and committed the case to Special Court.The bench of Justices MR Shah and Aniruddha Bose observed that the insertion of second proviso to Section 14 of the Act only gives additional powers to the Special Court to take cognizance. The …

ST Act was falsely used to harass people
3 years, 9 months ago

ST Act was falsely used to harass people

Op India  

The anti-atrocities law was initially enacted with the laudable purpose of protecting persons hailing from the SC and ST community from any abuse or harassment over notions of caste supremacy. While reporting the incident, Falana Dhikana claimed that it had got in touch with the accused’s family which confessed to implicating the victim in a false case under the SC/ST …

Bail Granted Under SC/ST Atrocities Act May Be Recalled/ Cancelled Under Crpc; Procedure Under POCSO Act Prevails Over SC/ST Act: MP HC [Read Judgment]
4 years, 3 months ago

Bail Granted Under SC/ST Atrocities Act May Be Recalled/ Cancelled Under Crpc; Procedure Under POCSO Act Prevails Over SC/ST Act: MP HC [Read Judgment]

Live Law  

In a significant judgment, the Gwalior Bench of the Madhya Pradesh High Court discussed the scope of bail granted to an accused under the Scheduled Caste and Scheduled Tribes Act and it was held, "High Court can entertain application under Section 439 of Cr.P.C. Section 14-A of Atrocities Act provides that an appeal shall lie to the High Court against …

Rajasthan HC Directs Registry To Not Entertain Appeals Under SC/ST Act Unless Victim Is Impleaded As A Party [Read Order]
4 years, 5 months ago

Rajasthan HC Directs Registry To Not Entertain Appeals Under SC/ST Act Unless Victim Is Impleaded As A Party [Read Order]

Live Law  

The Rajasthan High Court has directed its Registry to ensure that appeals preferred under the Scheduled Castes/ Scheduled Tribes Act are instituted only after the complainant/ victim in the case is impleaded as a Respondent-party. 'Victim' Under SC/ST Act Includes Parents & Family Members Of Person Suffering Injuries Of The Crime : Karnataka HC In view of the aforementioned provisions, …

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 …

SC/ST Act valid, rules apex court
4 years, 10 months ago

SC/ST Act valid, rules apex court

Deccan Chronicle  

New Delhi: The Supreme Court on Monday upheld the amendment to the SC/ST Act by which Parliament had restored the stringent provisions of the law which were watered down by the court by its March 2018 judgment. Upholding the amendments to the SC/ST Act brought in to neutralise the dilution of the stringent provisions by the Supreme Court’s 2018 ruling, …

Section 438 (Anticipatory Bail) Has No Application To Cases Under SC/ST Act Except When There Is No Prima Facie Case Is Made Out: SC [Read Judgment]
4 years, 10 months ago

Section 438 (Anticipatory Bail) Has No Application To Cases Under SC/ST Act Except When There Is No Prima Facie Case Is Made Out: SC [Read Judgment]

Live Law  

The Supreme Court has observed that provisions of section 438 of the Code of Criminal Procedure shall not apply to the cases under Scheduled Castes and Scheduled Tribes Act, except when the complaint does not make out a prima facie case for applicability of the provisions of the Act.In cases where prima facie case is not made out, the bar. …

Supreme Court upholds Centre's 2018 amendments in SC/ST Atrocities Act, says no provision of anticipatory bail for accused
4 years, 10 months ago

Supreme Court upholds Centre's 2018 amendments in SC/ST Atrocities Act, says no provision of anticipatory bail for accused

Firstpost  

The top court also upheld Centre’s directive that anticipatory bail to the accused charged with atrocities against SC/ST will not be provided. No prior approval of appointing authorities for senior police officers is needed to file FIRs in cases of atrocities on SC and ST. #SupremeCourt upholds Govt's 2018 amendments in the SC/ST Act: * Preliminary enquiry not a must …

Anticipatory Bail Can Be Granted In Cases Under SC/ST Atrocities Act : Madras HC [Read Order]
5 years ago

Anticipatory Bail Can Be Granted In Cases Under SC/ST Atrocities Act : Madras HC [Read Order]

Live Law  

"A petition for anticipatory bail is maintainable even if the case has been registered under the Scheduled Castes and the Scheduled Tribes Act, 1989 ", stated the High Court of Madras led by bench, Justice G.R. based on this, it was held that the court has the power to grant anticipatory bail even in cases arising under the Scheduled Castes …

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, …

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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