Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act Archives

Caste-Based Abuse Inside Residential House

Caste-Based Abuse Inside House Not an Offence Under SC/ST Act Absent ‘Public Gaze’; Supreme Court quashes proceedings

“The requirement that the place must be one “within public view” can be said to be substantiating the other elements of the offence under the SC/ST Act. It is therefore a sine qua non for making out the offence under the SC/ST Act.”

Case Briefs High Courts

Bombay HC sets aside 16-year-old case against lawyer, rules allegations fail to meet IPC and SC/ST Atrocities Act requirements

“To attract Section 3(1)(r), Atrocities Act, the FIR or material on record needed to show that the petitioner intentionally insulted or intimidated the respondent and that he did so with the intent to humiliate the respondent at a place within public view.”

Case Briefs High Courts

Anticipatory bail maintainable only before High Court in absence of prima facie case under SC/ST Act: Andhra Pradesh High Court

The prosecution had raised a preliminary objection regarding the maintainability of the petition contending that the Section 14-A(2) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 puts an embargo on the High Court from hearing any anticipatory bail application.

Case Briefs High Courts

‘Bar works like soldiers to secure justice for citizens’; Allahabad HC imposes Rs 25K cost on Gram Pradhan who threatened advocate with false SC/ST case

“It is sad that Members of the Bar, who virtually work like soldiers in times of peace to secure justice for citizens, are hurled with words of criticism from all quarters for the slightest human lapse or even matters beyond their control, working as they are under a very strained judicial system.”

Case Briefs Supreme Court

SC reminds Police to be vigilant before invoking stringent laws like SC-ST Act; expresses concern over litigants criminalising civil disputes

“The huge and unexplained delay of over 60 years in initiating dispute with regard to the ownership of the land, and the criminal case being lodged only after failure to obtain relief in the civil suits, coupled with denial of relief, reeked of malafide on the part of the complainant.”

Case Briefs High Courts

All HC | [Bail under SC/SCT (POA) Act] Failure to serve notice of bail upon victim, is failure of State to perform its statutory function; Accused cannot be visited with penal consequences for default of the State

Allahabad High Court: Ajay Bhanot, J., while allowing the present petition, on e-bail applications, said, “The process of law cannot move at

Case Briefs Supreme Court

Is obstruction & abuse by upper caste person due to property dispute an offence under SC/ST Act? Not in all cases, says SC

Supreme Court: In a case where abuses were hurled by a person of upper caste at a person belonging to Scheduled Caste

Case Briefs High Courts

HP HC | Status report filed by State fails to disclose the basis for incorporating certain charge against petitioner; Bail granted

Himachal Pradesh High Court: Jyotsna Rewal Dua, J. disposed of a petition seeking ad-interim and regular bail due to inappropriate charges put

Case Briefs High Courts

Guj HC | A silent suicide note, 27 days’ delay in registering FIR, complaint which shows no role of accused are grounds for bail

Gujarat High Court: The Bench of S.H. Vora, J., allowed an appeal made for granting of bail. The facts of the case

Case Briefs Supreme Court

Nothing wrong with the investigative process under the provisions of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989

Supreme Court: Upholding the validity of the investigative process, under the provisions of the Scheduled Castes and the Scheduled Tribes (Prevention of