State Can’t Block SARFAESI Sale by Late Revenue Entries: Secured Creditor’s Charge Prevails Over Tax Dues: Punjab & Haryana High Court Slams Sub-Registrar’s Refusal Providing SIM Card Without Knowledge of Its Criminal Use Does Not Imply Criminal Conspiracy: P&H High Court Grants Bail in UAPA & Murder Case Importer Who Accepts Enhanced Valuation Cannot Later Contest Confiscation and Penalty for Undervaluation: Madras High Court Upholds Strict Liability under Customs Act "Allegations Are Not Proof: Madras High Court Refuses Divorce Without Substantiated Cruelty or Desertion" When FIR Is Filed After Consulting Political Leaders, the Possibility of Coloured Version Cannot Be Ruled Out: Kerala High Court Mere Allegations of Antecedents Without Conviction Can't Defeat Right to Anticipatory Bail: Kerala High Court Section 106 Of Evidence Act Cannot Be Invoked In Vacuum – Prosecution Must First Lay Foundational Facts: Karnataka High Court Acquits Wife And Co-Accused In Husband’s Murder Case Parity Cannot Be Claimed When Roles Are Different: Karnataka High Court Refuses Bail to Youth Accused of Brutal Killing Injured Wife Would Not Falsely Implicate Her Husband: Gauhati High Court Upholds Conviction in Domestic Stabbing Case Disputed Bids, Missing Evidence and No Prejudice: Delhi High Court Refuses to Intervene in Tender Challenge under Article 226 License Fee on Hoardings is Regulatory, Not Tax; GST Does Not Bar Municipal Levy: Bombay High Court Filing Forged Bank Statement to Mislead Court in Maintenance Case Is Prima Facie Offence Under Section 466 IPC: Allahabad High Court Upholds Summoning Continued Cruelty and Concealment of Infertility Justify Divorce: Chhattisgarh High Court Upholds Divorce Disguising Punishment as Simplicity Is Abuse of Power: Delhi High Court Quashes Dismissals of Civil Defence Volunteers for Being Stigmatic, Not Simpliciter Marriage Cannot Be Perpetuated on Paper When Cohabitation Has Ceased for Decades: Supreme Court Invokes Article 142 to Grant Divorce Despite Wife’s Opposition Ownership of Trucks Does Not Mean Windfall Compensation: Supreme Court Slashes Inflated Motor Accident Award in Absence of Documentary Proof Concealment of Mortgage Is Fraud, Not a Technical Omission: Supreme Court Restores Refund Decree, Slams High Court’s Remand State Reorganization Does Not Automatically Convert Cooperative Societies into Multi-State Entities: Supreme Court Rejects Blanket Interpretation of Section 103 Indian Courts Cannot Invalidate Foreign Arbitral Awards Passed Under Foreign Law: Madhya Pradesh High Court Enforces Texas-Based Award Despite Commercial Court’s Contrary Decree Sudden Quarrel over Mound of Earth — Not Murder but Culpable Homicide: Allahabad High Court Eligibility Flows from Birth, Not a Certificate Date: Delhi High Court Strikes Down Rule Fixing Arbitrary Cut-Off for OBC-NCL Certificates in CAPF (AC) Recruitment Bar Under Order II Rule 2 CPC Cannot Be Invoked Where Specific Performance Was Legally Premature Due To Statutory Impediments: P&H High Court Once a Court Declares a Department an Industry Under Section 2(j), State Cannot Raise the Same Objection Again: Gujarat High Court Slams Repetitive Litigation by Irrigation Department “How Could Cheques Issued in 2020 Be Mentioned in a 2019 Contract?”: Delhi High Court Grants Injunction in Forged MOA Case, Slams Prima Facie Fabrication Calling Wife by Her Caste Name in Public Just Before Suicide is Immediate Cause of Self-Immolation: Madras High Court Upholds Husband’s Conviction Under Section 306 IPC Sole Testimony of Prosecutrix, If Credible, Is Enough to Convict: Delhi High Court Upholds Rape Conviction Cheque Issued as Security Still Attracts Section 138 NI Act If Liability Exists on Date of Presentation: Himachal Pradesh High Court After Admitting Lease, Defendant Cannot Turn Around and Call It Forged—Contradictory Stand at Advanced Trial Stage Impermissible: Punjab & Haryana High Court Dismisses Revision Against Rejection of Amendment Plea Dismissed Employee Has No Right to Leave Encashment Under Statutory Rules: Punjab and Haryana High Court Section 13 of Gambling Act Is Cognizable — Magistrate Can Take Cognizance on Police Report: Allahabad High Court Clarifies

Caste Insults Must Occur in Public View to Constitute Offense under SC/ST Act: Supreme Court Quashes FIR and Prosecution Order

07 May 2024 8:19 AM

By: Admin


The Supreme Court of India ruled that caste-based insults must occur within public view to constitute an offense under the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989. The Court quashed the FIR and set aside the prosecution of the Station House Officer (SHO) for failing to act on the complaint.

The case arose from a complaint by Respondent No. 2 alleging caste-based insults at an equestrian training academy in Delhi. The High Court had directed the registration of an FIR and the prosecution of the SHO for not investigating the complaint. The Supreme Court was tasked with determining whether the allegations met the 'public view' requirement under Sections 3(1)(r) and 3(1)(s) of the SC/ST Act and whether the prosecution of the SHO was valid without an administrative inquiry.

Para 20: The Court emphasized that for an act to be considered an offense under Sections 3(1)(r) and 3(1)(s) of the SC/ST Act, the insult or intimidation must occur within public view. The allegations in the case did not specify the public context required under the Act.

Para 21: Private settings or WhatsApp group chats do not suffice to meet the 'public view' standard. The Court referred to previous judgments that clarified the need for public presence during the occurrence of such incidents.

Para 13-16: The Court highlighted that under Section 4(2)(b) of the SC/ST Act, the prosecution of a public servant requires a recommendation from an administrative inquiry. The High Court's order bypassed this requirement, rendering the prosecution order unsustainable.

Para 25: The Court noted that the Action Taken Report filed by the Assistant Commissioner of Police did not substantiate the allegations against the appellants. The report indicated that the complaints seemed retaliatory and not based on substantial evidence.

Decision: The Supreme Court quashed the FIR and the order directing the prosecution of the SHO. The allegations against the appellants did not constitute offenses under the SC/ST Act, as they did not meet the 'public view' requirement. The Court upheld the Metropolitan Magistrate's order calling for a preliminary inquiry, finding it legally justified and procedurally correct.

Date of Decision: May 17, 2024

Priti Agarwalla and Others vs. The State of GNCT of Delhi and Others

Latest Legal News