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, 277, 143, 504 and 506 of the Indian Penal Code as well as under Sections 3, 3 and 3 of the Scheduled Castes and Scheduled Tribes Act, 2015. Case Background According to the prosecution case, on May 12, 2018, first Informant Rajeshri along with her husband Vilas and their children went to the parking place of the Sai Ashray Housing society where they lived and at that time, the appellant accused Salim Shaikh, his wife Mumtaz and other family members abused Rajeshri and her husband Vilas in the name of their caste. Abuses, insult or humiliation must take place in presence of or in the proximity of atleast one independent public witness."

Family High Court Court Bail Accused Public His Family Scheduled Bombay His Family Members Shrutika Rajeshri Salim Shaikh Neha Khosla  read  incident  scheduled  hc  court  scst  bombay  public  bail  shrutika  presence  order  family  place  happen  statement  accused  offence

History of this topic

No pre-arrest bail for man who extorted unmarried women on matrimonial sites
1 week, 2 days ago

No pre-arrest bail for man who extorted unmarried women on matrimonial sites

India Today  

A court has refused to grant anticipatory bail to a man who targeted unmarried women on matrimonial sites to extract money from them and threatened them to release their compromising material on social media. The Vasai Sessions Court rejected the anticipatory bail application of Shaikh, accused in a case involving harassment, fraud and attempted sexual assault. The prosecution submitted that …

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 …

SC denies pre-arrest bail to Odisha BJP leader accused of assaulting woman police officer
1 month, 3 weeks ago

SC denies pre-arrest bail to Odisha BJP leader accused of assaulting woman police officer

Deccan Chronicle  

New Delhi: The Supreme Court on Thursday dismissed an anticipatory bail plea of Odisha MLA and BJP leader Jayanarayan Mishra who is accused of slapping a female police officer during a protest outside Sambalpur Collectorate in 2022. A bench comprising Justices Hrishikesh Roy and S V N Bhatti rejected the plea of Mishra, who was represented by senior lawyer Maninder …

Supreme Court Grants Anticipatory Bail To Malayali YouTuber Shajan Skariah In SC/ST Act Case On Kerala MLA's Complaint
4 months, 2 weeks ago

Supreme Court Grants Anticipatory Bail To Malayali YouTuber Shajan Skariah In SC/ST Act Case On Kerala MLA's Complaint

Live Law  

The Supreme Court on Friday allowed anticipatory bail to the editor of the Malayalam YouTube News Channel 'Marunadan Malayalee' Shajan Skaria in a criminal case under the Scheduled Castes and Scheduled Tribes Act 1989 over making alleged derogatory remarks against MLA PV Sreenijin.A bench comprising Justices JB Pardiwala and Manoj Misra pronounced the verdict. The Supreme Court on Friday allowed …

Puja Khedkar’s father granted anticipatory bail in gun waving video case
5 months, 1 week ago

Puja Khedkar’s father granted anticipatory bail in gun waving video case

The Hindu  

Dilip Khedkar, father of controversial probationary IAS officer Puja Khedkar, was on July 26 granted anticipatory bail by a sessions court in Pune in a case pertaining to farmers being threatened with a gun in a land dispute. Manorama Khedkar, the probationary IAS officer's mother, has been arrested in the case, which was registered after a video went viral showing …

SC refuses to set aside anticipatory bail given to Bhavani Revanna in kidnapping case
5 months, 4 weeks ago

SC refuses to set aside anticipatory bail given to Bhavani Revanna in kidnapping case

New Indian Express  

NEW DELHI: The Supreme Court on Wednesday refused to set aside the anticipatory bail granted to Bhavani Revanna, the mother of suspended JD MP and rape accused Prajwal Revanna, in a kidnapping case involving one of the victims of her son's alleged sexual assaults. A bench of Justices Surya Kant and Ujjal Bhuyan issued notice to Revanna on the appeal …

Kerala High Court Refuses Anticipatory Bail To Mohiniyattam Performer Booked For Making Alleged Casteist Remarks Against Fellow Artist
6 months, 4 weeks ago

Kerala High Court Refuses Anticipatory Bail To Mohiniyattam Performer Booked For Making Alleged Casteist Remarks Against Fellow Artist

Live Law  

The Kerala High Court rejected the anticipatory bail application moved by Mohiniyattam Performer Kalamandalam Sathyabhama for making casteist remarks against fellow artist Dr. RLV Ramakrishnan. “The prosecution could prima facie establish that the appellant intentionally insulted the de facto complainant with intent to humiliate him in public view on account of his belonging to Scheduled Caste Community. Resultantly, the prayer …

Bhavani Revanna receives pre-trial bail until June 10
7 months ago

Bhavani Revanna receives pre-trial bail until June 10

Hindustan Times  

The Karnataka high court on Friday granted anticipatory bail to Bhavani Revanna, mother of suspended Janata Dal MP Prajwal Revanna, in connection with a kidnapping case linked to the sexual abuse allegations against her son. Last week, the SIT had issued a notice to Bhavani asking her to be present at her home for questioning in the kidnapping case linked …

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 …

'No Mens Rea': Kerala HC Grants Pre-Arrest Bail To Headmistress Booked Under SC/ST Act For Cutting Tribal Student's Hair During Assembly
11 months, 2 weeks ago

'No Mens Rea': Kerala HC Grants Pre-Arrest Bail To Headmistress Booked Under SC/ST Act For Cutting Tribal Student's Hair During Assembly

Live Law  

The Kerala High Court has granted anticipatory bail to the headmistress of a school who was booked for offences under the Scheduled Castes and the Scheduled Tribes Act and Juvenile Justice Act for cutting the hair of the victim student, who belonged to the Scheduled Tribe community, during the school assembly which was allegedly derogatory and affected his dignity. Therefore, …

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 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 …

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 …

Kotkapura firing case: Ex-CM Badal, Sukhbir move anticipatory bail pleas
1 year, 9 months ago

Kotkapura firing case: Ex-CM Badal, Sukhbir move anticipatory bail pleas

Hindustan Times  

Two weeks after the special investigation team probing the 2015 Kotkapura police firing case, former chief minister Parkash Singh Badal and former deputy chief minister Sukhbir Singh Badal on Thursday submitted anticipatory bail applications in the Faridkot court in connection with this case. The court of additional district and sessions judge Faridkot on Thursday issued notice to the state government …

'Offence Dangerous For Communal Harmony’: MP HC Denies Bail To Man Who Allegedly Raped Victim By Impersonating Himself As A Hindu
1 year, 11 months ago

'Offence Dangerous For Communal Harmony’: MP HC Denies Bail To Man Who Allegedly Raped Victim By Impersonating Himself As A Hindu

Live Law  

The Madhya Pradesh High Court has recently denied bail to one Hashim, who has been accused of raping a girl belonging to the Scheduled Caste community by impersonating himself as a Hindu. "Such type of offences are increasing day by day and also dangerous for communal harmony in the society": #MadhyaPradeshHighCourt says while denying bail to a Muslim man accused …

Accused in Sultanpuri hit-and-drag case gets bail
1 year, 11 months ago

Accused in Sultanpuri hit-and-drag case gets bail

Hindustan Times  

A Delhi court on Tuesday granted bail to Ashutosh Bhardwaj, one of the suspects arrested for the Sultanpuri accident case, observing that the allegations against him — harbouring other suspects and wiping evidence — came forth only after the alleged crime took place. produced by the investigating agency to show any prior meeting of minds of accused/ applicant Ashutosh with …

SC grants anticipatory bail to Raj Kundra, Poonam Pandey, other accused in pornography case
2 years ago

SC grants anticipatory bail to Raj Kundra, Poonam Pandey, other accused in pornography case

India Today  

The Supreme Court granted anticipatory bail to Raj Kundra, Poonam Pandey, Sherlyn Chopra and Umesh Kamat in a pornography case on Tuesday. Raj Kundra and Poonam Pandey filed a plea to quash the obscenity proceedings against them in the Supreme Court. We will protect you till you can go to court for regular bail.” Advocate for Raj Kundra argued that …

Kerala High Court Directs Writer-Activist Civic Chandran To Surrender Before Police For Interrogation In Sexual Harassment Case
2 years, 2 months ago

Kerala High Court Directs Writer-Activist Civic Chandran To Surrender Before Police For Interrogation In Sexual Harassment Case

Live Law  

Cancelling author and social activist Civic Chandran's anticipatory bail in a sexual harassment case, the Kerala High Court on Thursday directed him to surrender before the Investigating Officer within seven days for subjecting himself for interrogation.Justice A. Badharudeen while allowing the petitions moved by the victim and the Government against the grant of anticipatory bail to Chandran. Cancelling author and …

Bombay HC grants anticipatory bail to BJP leader Kirit Somaiya, his son in cheating case
2 years, 4 months ago

Bombay HC grants anticipatory bail to BJP leader Kirit Somaiya, his son in cheating case

The Hindu  

The Bombay High Court on August 10 granted anticipatory bail to BJP leader Kirit Somaiya and his son in a case of alleged misappropriation of public money collected for the restoration of decommissioned naval aircraft carrier Vikrant. A single bench of Justice Bharati Dangre allowed the plea of Somaiyas for anticipatory bail in the case and made "absolute" the interim …

Supreme Court Grants Bail To TN Godman Siva Sankar Baba In POCSO Case, Asks Him Not To Use Social Media To Dissaude People From Filing Complaints
2 years, 9 months ago

Supreme Court Grants Bail To TN Godman Siva Sankar Baba In POCSO Case, Asks Him Not To Use Social Media To Dissaude People From Filing Complaints

Live Law  

The Supreme Court on Friday granted bail to Tamil Nadu godman Siva Sankar Baba in a case related to alleged child sex abuse of students in a school run by him. As one of the bail conditions, s bench comprising Justices L Nageswara Rao and BR Gavai directed that he should not use YouTube or any other social media for …

"Crime Against Woman's Holy Body, Monstrous Burial Of Dignity": Allahabad HC Denies Anticipatory Bail To Minor Girl Gang-Rape Accused
3 years, 3 months ago

"Crime Against Woman's Holy Body, Monstrous Burial Of Dignity": Allahabad HC Denies Anticipatory Bail To Minor Girl Gang-Rape Accused

Live Law  

Underscoring that crime against the women is a monstrous burial of dignity in the darkness, and it against the holy body of a woman and the soul of a society, the Allahabad High Court last week denied anticipatory bail to a man accused of gang-raping a minor.The bench of Justice Chandra Dhari Singh denied bail to the accused noting that …

POCSO-Victims Entitled To Receive Information About Court Proceedings Including Status Of Bail Of Accused: J&K HC
4 years ago

POCSO-Victims Entitled To Receive Information About Court Proceedings Including Status Of Bail Of Accused: J&K HC

Live Law  

The Jammu and Kashmir High Court has held that victims are entitled to receive most appropriate information of the proceedings which would include the status of the accused including his/her bail, temporary release, parole or pardon, escape, absconding from justice or death. As per Guideline 2.2 contained therein, Children have the right to information about the case in which they …

Mumbai court grants anticipatory bail to reporter accused of 'instigating people' outside Kangana Ranaut's bungalow
4 years, 2 months ago

Mumbai court grants anticipatory bail to reporter accused of 'instigating people' outside Kangana Ranaut's bungalow

Firstpost  

A journalist with Republic TV was accused of paying a group of people to gather outside Kangana Ranaut’s premises during the demolition A sessions court in Mumbai has granted pre-arrest bail to a television journalist booked for allegedly causing disturbance and preventing a public servant from discharging his duties during the civic body-initiated demolition at actor Kangana Ranaut’s office in …

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 …

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