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 and was not in public view, and hence, no offence would be made out under Section 3 of the SC/ST Act. Against this backdrop, the court noted that the offence should have been committed in public view, perusing the mandate of section 3 of the SC/ST Act. “Once the offence has not taken place in public view the provisions of section 3 of the SC/ST Act would not be attracted and as such the same cannot be proceeded with,” the Court remarked as it quashed the proceedings in respect of Section 3 SC/ST Act.

Court Act Applicants Offence Crpc Section 3 Public View  insult  hc  intentional  offence  unless  applicants  place  court  act  scst  public  view  committed  singh  31r

History of this topic

Caste-Based Insult In Backyard Of Private House Not "Within Public View", No Offence Under S.3 SC/ST Act : Supreme Court
4 weeks ago

Caste-Based Insult In Backyard Of Private House Not "Within Public View", No Offence Under S.3 SC/ST Act : Supreme Court

Live Law  

The Supreme Court recently held that alleged caste-based insult or intimidation that occurred in the backyard of a private house does not qualify as being “within public view” under Section 3 of the SC/ST Act, 1989. They cannot also be termed as public in general.” The Court set aside the order dated November 13, 2019, passed by the Orissa High …

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 …

Not every ‘insult’ against SC/ST persons can be considered as offence under SC/ST protection law, says Supreme Court
4 months, 2 weeks ago

Not every ‘insult’ against SC/ST persons can be considered as offence under SC/ST protection law, says Supreme Court

The Hindu  

The Supreme Court held in a judgment on Friday that not all insults and intimidatory comments aimed at a Scheduled Caste or Scheduled Tribe person would be an offence under the Scheduled Castes and Scheduled Tribes Act, 1989. Justice Pardiwala said the aggressor, who is not a Scheduled Caste/Scheduled Tribe person, cannot be booked under the 1989 Act merely because …

Mere Performance Of Obscene Act Not Sufficient, 'Annoyance Of Others' Needed To Constitute Offence U/S 294 IPC: Allahabad HC
7 months, 1 week ago

Mere Performance Of Obscene Act Not Sufficient, 'Annoyance Of Others' Needed To Constitute Offence U/S 294 IPC: Allahabad HC

Live Law  

The Allahabad High Court recently observed that to constitute an offence under Section 294 of the Indian Penal Code, the mere performance of an obscene or indecent act is not sufficient; further proof must establish that it was to the annoyance of others, as 'annoyance to others' is essential to constitute an offence under this section. A bench of Justice …

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 …

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 …

Unless Caste-Based Insult Intended, Mention Of Victim's Caste Not An Offence Under SC/ST Act: Karnataka High Court
1 year, 11 months ago

Unless Caste-Based Insult Intended, Mention Of Victim's Caste Not An Offence Under SC/ST Act: Karnataka High Court

Live Law  

The Karnataka High Court has held that mere hurling of abuses without any intention to insult or make casteist remarks will not become an offence under Scheduled Castes and Scheduled Tribes Act. “Mere taking the name of the caste of the victim would not make it an offence, unless it is with an intention to insult the person belonging to …

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 …

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 …

Insulting Or Abusing SC-ST Person Within Four Walls Of A House Is Not An Offence Under SC-ST Act: Supreme Court [Read Judgment]
4 years, 2 months ago

Insulting Or Abusing SC-ST Person Within Four Walls Of A House Is Not An Offence Under SC-ST Act: Supreme Court [Read Judgment]

Live Law  

The Supreme Court has held that insult or intimidation of a SC-ST person within the four walls of the building, is not an offence under Scheduled Castes and the Scheduled Tribes Act, 1989.In this case, the FIR stated that the accused entered illegally in to four walls of the victim's building and started hurling abuses and gave death threats and …

Can't Prosecute Upper Caste Person Just Because Complainant is from SC/ST Community: Supreme Court
4 years, 2 months ago

Can't Prosecute Upper Caste Person Just Because Complainant is from SC/ST Community: Supreme Court

News 18  

A person belonging to an upper caste can’t be deprived of exercising their legal rights just because their opponent happens to be a member of the SC/ST community, the Supreme Court has ruled. “Offence under the SC/ST Act is not established merely on the fact that the informant is a member of Scheduled Caste unless there is an intention to …

Insulting Remarks Made Within Four Walls of House, Without Witnesses Not an Offence Under SC/ST Act: SC
4 years, 2 months ago

Insulting Remarks Made Within Four Walls of House, Without Witnesses Not an Offence Under SC/ST Act: SC

News 18  

Insulting remarks made to a person belonging to Scheduled Castes and the Scheduled Tribes within four walls of the house with no witnesses does not amount to offence, the Supreme Court said on Thursday as it quashed the charges under the SC/ST Act against a man who had allegedly abused a woman within her building. The bench relied on its …

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 …

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 …

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