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 accused. 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 accused under the SC-ST Act on the ground that there is nothing to suggest that the offence was committed by the accused only because the deceased belonged to a Scheduled Caste. In this case, both the trial court and the High Court recorded the finding that the accused scolded the deceased that he belongs to "Khangar" Caste and how he could drive away the cattle of the person belonging to "Thakur" Caste and therefore, thus concluded that the accused has committed the offence under Section 3 of the Scheduled Castes and Scheduled Tribes Act.

Court Conviction Caste Accused Act Scheduled Committed Offence Conviction U  read  member  conviction  accused  act  ground  sustain  scheduled  sc  necessary  caste  victim  scst  committed  prevention  offence  court  proof  32v

History of this topic

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 …

101 Held Guilty in Marakumbi Caste Atrocity Case, Sentenced to Life Imprisonment
Trending News
2 months, 2 weeks ago

101 Held Guilty in Marakumbi Caste Atrocity Case, Sentenced to Life Imprisonment

The Hindu  

101 people have been convicted in a decade-old case of atrocity against members of Scheduled Castes in Koppal district of Karnataka. The court sentenced 98 convicts to life imprisonment and imposed a fine of ₹5,000 on each of them, while the remaining three are members of Scheduled Castes and Scheduled Tribes and were sentenced to five years of imprisonment and …

Denying Govt Appointment Solely Due To Pending Criminal Case Not Involving Moral Turpitude Is Unjust And Arbitrary: Rajasthan HC
4 months, 3 weeks ago

Denying Govt Appointment Solely Due To Pending Criminal Case Not Involving Moral Turpitude Is Unjust And Arbitrary: Rajasthan HC

Live Law  

The Rajasthan High Court granted relief to an aspirant for a government job 9 years after his candidature was rejected, despite being meritorious, on the grounds of a pending criminal case against him. The Court observed that firstly, denying government employment merely on the grounds of a pending criminal case was illegal, arbitrary and unjust because as per criminal jurisprudence, …

SC Allows Sub-Divisions in SC, ST for Quota
5 months, 1 week ago

SC Allows Sub-Divisions in SC, ST for Quota

Deccan Chronicle  

New Delhi: In a landmark verdict, a seven-judge Constitution Bench of the Supreme Court on Thursday okayed sub-classification within the Scheduled Caste and Schedule Tribe communities to provide reservations in jobs and education for the more marginalised sub-sets. Thus, the state in exercise of the power under Articles 15 and 16 can further classify the SCs if there is a …

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 …

Dalits demand filing of appeal against Kumher massacre acquittal judgment
8 months, 1 week ago

Dalits demand filing of appeal against Kumher massacre acquittal judgment

The Hindu  

Dalit groups in Rajasthan on Monday demanded filing of appeal against a seven-month-old judgment of Bharatpur’s special court acquitting 41 persons in the infamous Kumher massacre of 1992, in which 16 Dalits were killed and 45 were injured. CDR director Satish Kumar said the prosecuting agencies had not filed an appeal in the High Court to challenge the acquittal and …

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 …

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 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 …

"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 …

Disproportionately Light Punishment Humiliates & Frustrates Crime's Victim : Supreme Court In Navjot Singh Sidhu's Case
2 years, 7 months ago

Disproportionately Light Punishment Humiliates & Frustrates Crime's Victim : Supreme Court In Navjot Singh Sidhu's Case

Live Law  

While enhancing the sentence of Navjot Singh Sidhu to one year imprisonment in the 1988 road rage case, the Supreme Court of India on Thursday made important observations regarding the necessity of maintaining a reasonable proportion between the seriousness of the crime and the punishment. While emphasising on the importance of considering the principle of proportionality, the bench observed that …

Karnataka HC Quashes Criminal Proceedings Against 68-Year-Old Woman Charged Under SC/ST Act
2 years, 7 months ago

Karnataka HC Quashes Criminal Proceedings Against 68-Year-Old Woman Charged Under SC/ST Act

Live Law  

Observing that "She had no criminal intention in the initial stage while obtaining the certificate and seeking reservation and got appointment, but she bonafidely believed that she will get the caste of her husband in view of marrying the person who belongs to member of SC/ST," the Karnataka High Court recently quashed the criminal proceedings pending against a 68-year-old woman, …

Madras High Court Grants Compensation To Victim Under SC/ST Amendment Act 2016 For Offence Committed In 2014
2 years, 8 months ago

Madras High Court Grants Compensation To Victim Under SC/ST Amendment Act 2016 For Offence Committed In 2014

Live Law  

The Madras High Court has allowed a petition filed by a victim belonging to Scheduled Caste Community claiming compensation under the Scheduled Castes and Scheduled Tribes Act and the Scheduled Castes and Scheduled Tribes Amendment Rules, 2016, for an offence committed against her in the year 2014. While passing orders Justice G. Ilangovan observed that as per the Scheduled Castes …

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 …

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 …

The SC/ST Act- Reduced To Yet Another Footnote In The Quest For Social Justice?
4 years, 1 month ago

The SC/ST Act- Reduced To Yet Another Footnote In The Quest For Social Justice?

Live Law  

"A caste system gives us false comfort, makes us feel that the world is in order, that we automatically know the good guys from the bad guys." Towards the end of the movie we once again see an exchange of letter from between Siddharth and Geeta where Geeta, now living and working in the same village, informs Siddharth that yes …

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, …

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 …

[Breaking] SC Upholds Validity Of SC/ST Amendment Act 2018 [Read Judgment]
4 years, 10 months ago

[Breaking] SC Upholds Validity Of SC/ST Amendment Act 2018 [Read Judgment]

Live Law  

In a notable judgment, the Supreme Court has upheld the constitutional validity of Scheduled Castes and Scheduled Tribes Amendment Act of 2018, which was enacted to nullify the effects of the March 20, 2018 judgment of the SC which had diluted the provisions of the Act.A bench comprising Justices Arun Mishra, Vineet Saran and Ravindra Bhat had reserved judgment on. …

Rajasthan HC Commutes Death Penalty Citing Long Delay After The Crime [Read Judgment]
5 years, 2 months ago

Rajasthan HC Commutes Death Penalty Citing Long Delay After The Crime [Read Judgment]

Live Law  

Even while remarking that if a list of all heinous crimes committed in the history of mankind was to be prepared, the incident at hand would rate amongst the top hundred, the Rajasthan High Court on Thursday commuted the capital punishment awarded to five convicts in a ten years old murder case. Hence, we have to say albeit with a …

Supreme Court recalls verdict diluting SC/ST anti-atrocities law
5 years, 3 months ago

Supreme Court recalls verdict diluting SC/ST anti-atrocities law

The Hindu  

Correcting an error of judgment, the Supreme Court on Tuesday recalled its March 20, 2018 verdict, which bent the written law to protect persons accused of committing atrocities against the Scheduled Castes and the Scheduled Tribes. Goel diluted the Scheduled Castes and Scheduled Tribes Act of 1989, to grant anticipatory bail to accused persons and directed that the police should …

Discover Related