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 rea to humiliate the complainant who besides being Sarpanch, belongs to Scheduled Caste community. Throwing light on an offence, as envisioned, under the SC/ST Act, Justice Gill emphasized that an accused must have insulted or intimidated any member of the Scheduled Caste or Schedule Tribe community with the intention to humiliate them. Aggrieved by the same, the petitioners moved High Court and submitted that the allegations against the petitioners could not stand as they do not fall within the provisions of the SC/ST Act, given that a conversation over the phone is not in public view.

High Court Court Haryana Caste Accused Public Fir Act Gill Offence Sarpanch St Act Public View Read Order  phone  held  scheduled  remarks  read  order  court  public  act  scst  intention  punjab  accused  haryana  castiest  caste  hc  offence

History of this topic

SC criticises misuse of anti-dowry legislation for ‘personal vendetta’
4 weeks, 1 day ago

SC criticises misuse of anti-dowry legislation for ‘personal vendetta’

Hindustan Times  

The Supreme Court on Tuesday strongly criticised the growing misuse of Section 498-A of the Indian Penal Code, commonly known as the anti-dowry law, noting that it is increasingly being exploited to settle “personal vendettas” or exert undue pressure on husbands and their families. The Supreme Court bench highlighted the misuse of the provision, lamenting that exaggerated and unsubstantiated allegations …

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 …

Case under SC/ST Act against actor Shilpa Shetty over 2013 remark dismissed
1 month, 2 weeks ago

Case under SC/ST Act against actor Shilpa Shetty over 2013 remark dismissed

India Today  

In a relief to Shilpa Shetty, the Rajasthan High Court has cancelled a case filed against the actor under the Scheduled Castes and Scheduled Tribes Act, which accused her of using a casteist slur in a TV show. Shetty's lawyer, Prashant Patil, told the High Court that the actor had already publicly apologised for her remark and that her statement …

Mayawati slams government over Rajasthan HC's decision on SC-ST Act
1 month, 3 weeks ago

Mayawati slams government over Rajasthan HC's decision on SC-ST Act

New Indian Express  

JAIPUR: In a sharp critique of the government, Bahujan Samaj Party chief Mayawati has expressed discontent over the Rajasthan High Court's recent decision to exclude charges under the SC-ST Act in a case involving casteist slurs. The controversy arose following a judgment by the Rajasthan High Court, which ruled that the use of terms such as 'bhangi', 'neech', 'bhikari', and …

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 …

HC quashes FIR against Haryana activist booked for ‘casteist’ remarks against IPS officer
5 months, 2 weeks ago

HC quashes FIR against Haryana activist booked for ‘casteist’ remarks against IPS officer

Hindustan Times  

The Punjab and Haryana high court has quashed criminal proceedings against a Haryana activist booked for “casteist” comments against an Indian Police Service officer, Vinod Kumar, who was SP, Charkhi Dadri in 2021. Even a layman, if not an officer of IPS rank, can easily comprehend that the comments made by the petitioner cannot be termed to be with a …

Absence Of Prior Sanction U/s 197 CrPC Renders Cognizance For Offences U/s 323 & 504 IPC By Magistrate For Initiating Criminal Prosecution Of Public Servant, Non-Est: Rajasthan High Court
7 months, 2 weeks ago

Absence Of Prior Sanction U/s 197 CrPC Renders Cognizance For Offences U/s 323 & 504 IPC By Magistrate For Initiating Criminal Prosecution Of Public Servant, Non-Est: Rajasthan High Court

Live Law  

Finding that the entire series of events have nexus with each other and the action of petitioner was done in discharge of his official duties, the Rajasthan High Court held that the cognizance for offences under Sections 323 and 504 IPC, taken by the Judicial Magistrate against a public servant, posted as Station House Officer, is unsustainable in law, in …

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 …

Punjab & Haryana HC Dismisses Criminal Case Over 22 Yrs Old Land Dispute, Says Prosecution Can't Abuse Legal Remedies To Further Malicious Agenda
9 months, 4 weeks ago

Punjab & Haryana HC Dismisses Criminal Case Over 22 Yrs Old Land Dispute, Says Prosecution Can't Abuse Legal Remedies To Further Malicious Agenda

Live Law  

The Punjab and Haryana High Court has set aside the summoning order in a cheating case which was lodged 22 years after the alleged incident, observing that prosecution cannot be allowed to take undue benefit of the available legal remedies merely to further its own malicious agenda.A complaint was filed by a son in 2012 against a manager of his …

Rajasthan High Court Upholds Order Taking Cognizance Against Police Officer For Allegedly Hurling Caste Based Abuses
1 year, 3 months ago

Rajasthan High Court Upholds Order Taking Cognizance Against Police Officer For Allegedly Hurling Caste Based Abuses

Live Law  

The Rajasthan High Court has upheld a Special Court's order rejecting the closure report submitted by the police and taking cognizance against accused Station House Officer for offences under the Scheduled Caste and Scheduled Tribe Act. The Trial Court did not accept the final report and took cognizance under Sections 341 and 323 IPC and Sections 3, 3 and 3 …

"Serious Issue": High Court Objects To Haryana Police Mentioning A Person's Religion In FIR
1 year, 4 months ago

"Serious Issue": High Court Objects To Haryana Police Mentioning A Person's Religion In FIR

Live Law  

Calling it a "serious issue", the Punjab & Haryana High Court has objected to mentioning of a person's religion in the First Information Report by the Haryana Police.The bench of Justice Jasgurpreet Singh Puri recalled that a similar issue had arisen last year in Punjab and subsequently, the Assistant Inspector General of Police and Punjab DGP had filed affidavits that …

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 …

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 …

For SC/ST Atrocities Act to Apply, Hurling of Abuse Has to Be in Public Place: High Court
2 years, 6 months ago

For SC/ST Atrocities Act to Apply, Hurling of Abuse Has to Be in Public Place: High Court

News 18  

The High Court of Karnataka has said that for offences under the Scheduled Castes and the Scheduled Tribes Act, the hurling of casteist abuse must be in a public place. “Hurling of abuses is clearly not in a place of public view or a public place for the Act to be get attracted in the case at hand,” the court …

SC commission issues notice to UP govt seeking action against cleric for casteist remarks
2 years, 6 months ago

SC commission issues notice to UP govt seeking action against cleric for casteist remarks

Firstpost  

This is a big insult to women, especially those belonging to scheduled castes, said NCSC chairperson Vijay Sampla New Delhi: After a video purportedly showing a cleric making casteist remarks on Dalits and women has gone viral, the National Commission for Scheduled Castes on Wednesday sought an action-taken report from Uttar Pradesh government officials in the matter by 21 June. …

SC/ST Act Can't Be Invoked Merely Because Victim's Mother Belongs To Scheduled Caste: Karnataka HC
2 years, 7 months ago

SC/ST Act Can't Be Invoked Merely Because Victim's Mother Belongs To Scheduled Caste: Karnataka HC

Live Law  

The Karnataka High Court has held that a person, whose one parent belongs to the scheduled caste community and another parent to forward caste, will have to in his complaint under the Schedule Caste & Scheduled Tribes Act, 1989, specifically plead that he belongs to the schedule caste. The bench observed, "The complaint does not contain any fact about anything …

Defamation | Magistrate Can't Refer Complaint About Offence U/S 500 IPC To Police For Investigation U/S 156(3) CrPC: Karnataka High Court
2 years, 7 months ago

Defamation | Magistrate Can't Refer Complaint About Offence U/S 500 IPC To Police For Investigation U/S 156(3) CrPC: Karnataka High Court

Live Law  

The Karnataka High Court recently quashed the proceedings initiated under section 156 of the Criminal Procedure Code, wherein the Magistrate court referred the complaint filed for defamation under section 499, 500 of the Indian Penal Code to the police for further investigation.While doing so, the Bench relied on the Apex court judgement in the case of Subramanian Swamy v. Union. …

Public Servant Can't Be Prosecuted Under SC/ ST Act In Absence Of Averments In FIR Showing 'Willful Negligence' Of Duties: Andhra Pradesh High Court
2 years, 8 months ago

Public Servant Can't Be Prosecuted Under SC/ ST Act In Absence Of Averments In FIR Showing 'Willful Negligence' Of Duties: Andhra Pradesh High Court

Live Law  

The Andhra Pradesh High Court recently discontinued an investigation in a crime in which the First Information Report did not indicate any willful negligence of duties by public servant which were required to be performed under the Scheduled Castes and Scheduled Tribes Act, 1989. Thereafter, the informant claimed to have approached the National Commission for Scheduled Castes, Hyderabad for release …

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 …

'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 …

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 …

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 …

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 …

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, …

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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