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, 10 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

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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 provided where The offence is committed by a person who is not a member of a Scheduled Caste or Scheduled Tribe; The offence arises under the Penal Code and is against a person or property and is punishable with imprisonment for a term of ten years or more; and The offence is committed "on the ground that such person is a member of a Scheduled Caste or Scheduled Tribe" or such property belongs to such a person. In Ashrafi v. State of Uttar Pradesh 1 SCC 742 and Khuman Singh v. State of MP, the Court noted, Section 3 was interpreted to mean that the offence should have been committed "only on the ground that the victim was a member of the Scheduled Caste." 2016 Amendment decreased the threshold of proving that a crime was committed on the basis of the caste identity The court further noted that Section 3 was amended by the Scheduled Castes and the Scheduled Tribes Amendment Act, 2015, which came into effect on 26 January 2016.

Identity Court Caste Person Ground Scheduled Committed Offence Scheduled Tribes Section 3 Mr Shah Dy Chandrachud This Provision Scheduled Tribe Caste Identity Such Person  scheduled  offence  v  sc  person  committed  occurrence  earlier  ground  judgments  identity  doubts  32v  court  long  scst  caste  grounds

History of this topic

[SC/ST Act] Victim Belonging SC/ST Community Not Sufficient To Attract Offence Without Intention To Humiliate Due To Caste Identity: P&H High Court
2 weeks, 3 days ago

[SC/ST Act] Victim Belonging SC/ST Community Not Sufficient To Attract Offence Without Intention To Humiliate Due To Caste Identity: P&H High Court

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The Punjab & Haryana High Court has set aside charges framed under the Scheduled Caste and Scheduled Tribes Act, observing that the offence cannot be attracted merely on the ground that the victim belongs to the SC/ST community without intention to humiliate him due to his caste. Justice Harpreet Singh Brar said, "merely the fact that the victim belongs to …

SC/ST Act | Desirable To Outline Caste Related Utterances In FIR Or Chargesheet Before Subjecting Accused To Trial: Supreme Court
1 year, 9 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, 7 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

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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 …

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, 6 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]

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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/ST Reservation In Promotions: SC Permits Govt. To Proceed With 'As Per The Law' Till The Decision Of Constitution Bench
6 years, 9 months ago

SC/ST Reservation In Promotions: SC Permits Govt. To Proceed With 'As Per The Law' Till The Decision Of Constitution Bench

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"It is made clear that the Union of India is not debarred from making promotions in accordance with law, subject to further orders, pending further consideration of the matter", said the BenchThe Supreme Court on Tuesday allowed the Union of India to proceed with the reservation in favour of SC/ST employees “as per the law” in matters of promotion, until …

SC/ST Reservation In Promotions: SC Permits Govt. To Proceed With 'As Per The Law' Till The Decision Of Constitution Bench
6 years, 9 months ago

SC/ST Reservation In Promotions: SC Permits Govt. To Proceed With 'As Per The Law' Till The Decision Of Constitution Bench

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"It is made clear that the Union of India is not debarred from making promotions in accordance with law, subject to further orders, pending further consideration of the matter", said the BenchThe Supreme Court on Tuesday allowed the Union of India to proceed with the reservation in favour of SC/ST employees “as per the law” in matters of promotion, until …

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

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

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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.

Breaking: SC Issues Directions To Prevent Misuse Of SC/ST Act, Govt.Servants Can't Be Arrested Without Prior Sanction [Read Judgment]
7 years ago

Breaking: SC Issues Directions To Prevent Misuse Of SC/ST Act, Govt.Servants Can't Be Arrested Without Prior Sanction [Read Judgment]

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Supreme Court of India on Tuesday issued directions to prevent the misuse of provisions of Scheduled Castes and the Scheduled Tribes Act 1989.A Two Judge Bench of Justices AK Goel and UU Lalit was examining the question whether there can be procedural safeguards so that provisions of Scheduled Castes and the Scheduled Tribes Act 1989. A Two Judge Bench of …

After The 2016 Amendment, Mere Knowledge Of The Accused that Victim Is SC/ST Is Sufficient For Prosecution Under SC/ST Act: SC [Read Judgment]
7 years, 3 months ago

After The 2016 Amendment, Mere Knowledge Of The Accused that Victim Is SC/ST Is Sufficient For Prosecution Under SC/ST Act: SC [Read Judgment]

Live Law  

Prior to amendment, statute laid stress on the intention of the accused in committing such offence in order to belittle the person as he/she belongs to Scheduled Caste or Scheduled Tribe community, the bench observed.The Supreme Court, in Asharfi vs State of Uttar Pradesh, has observed that after the amendment of the Scheduled Caste/ Scheduled Tribe Prevention of Atrocities Act …

Offence Under SC/ST Act Not To Be Attracted Merely Because Victim Belongs To The Community: Allahabad HC [Read Judgment]
8 years, 5 months ago

Offence Under SC/ST Act Not To Be Attracted Merely Because Victim Belongs To The Community: Allahabad HC [Read Judgment]

Live Law  

The provision of Section 3 of the SC/ST Act is applicable only when a person commits such offence against a person belonging to the SC/ST community on the ground that such a person/victim is a member of SC/ST community. The Allahabad High Court in Shiv Mohan Tiwari vs. State of U.P., has decided that an offence under the SC/ST Act …

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