Not A Mere Breach Of Contract: Telangana High Court Refuses To Quash FIR In ₹73 Crore Garment Investment Fraud Accused Not Entitled To Copies Of 'Unrelied' Upon Documents At The Stage Of Framing Of Charges Under Section 91 CrPC: Supreme Court Elected Representatives Have No Privilege To Resort To Violence; Criminal Antecedents Are Material For Bail Adjudication: Supreme Court Mere Absence Of Transport Documents Does Not Create A Presumption Of Violation Of Chhattisgarh Agricultural Cattle Preservation Act, 2004: Supreme Court Section 396 IPC | Conviction For 'Dacoity With Murder' Requires Proof That Murder Was Committed In The Course Of Dacoity: Allahabad High Court 'Developers Cannot Delay Conveyance For Eternity And Milk Additional FSI Benefits': Bombay High Court Upholds Societies' Deemed Conveyance Pre-Approval Statutory Dues Stand Extinguished Upon Approval Of Resolution Plan; GST Authorities Cannot Initiate Fresh Proceedings: Calcutta High Court Unregistered Agreement To Sell With Delivery Of Possession Is Admissible In A Suit For Specific Performance: Delhi High Court Stigmatic Order Discharging Probationer Without Inquiry Is Void For Violation Of Natural Justice: Gujarat High Court Execution Proceedings | Court Cannot Impose Arbitrary Financial Conditions Without Reason In Stay Applications: Himachal Pradesh High Court Section 528 BNSS | High Court Cannot Exercise Inherent Powers To Circumvent Statutory Bar Against Second Revision: Delhi High Court Advocate Empanelment | Restriction On Multiple Applications Is A Procedural Choice Within Employer’s Domain: Delhi High Court Acquittal Appeal | Double Presumption Of Innocence In Favour Of Accused Cannot Be Disturbed Merely Because Another View Is Possible: Gujarat High Court SC/ST Act | Offence Under Section 3(1)(g) Not Attracted If Dispossession Or Interference Is Not Due To Victim's Caste: Himachal Pradesh High Court Judicial Officer Must Maintain Distance From Practicing Advocates To Avoid Impropriety: Gujarat High Court Upholds Dismissal Section 183 BNSS | Investigating Officer Cannot Independently Record Further Statement Of Victim After Recording Before Magistrate: Karnataka High Court Non-Production Of Case Property And Missing Link Evidence In Seizure Cases Vitiates Prosecution: Himachal Pradesh High Court Employees Compensation Act | Death Due To Cardiac Arrest During Employment Is An 'Accident' Arising Out Of Stress And Strain Of Duty: J&K High Court Transfer Of Proceedings | Courts Must Issue Fresh Notice To Parties Even If They Had Appeared Before The Transferor Court: Kerala High Court Sets Aside Ex-Parte Award Section 80P(4) IT Act Does Not Deny Deduction To Regional Rural Banks As They Retain The 'Deemed Co-operative Society' Status Under Section 22 RRB Act: Madras High Court Property Purchased In Name Of Child For Family Benefit Is Not A 'Benami Transaction' Under Section 2(9) Of The 1988 Act: Madhya Pradesh High Court Person Without Caveatable Interest Cannot Challenge Will Or Seek Revocation Of Probate: Madras High Court Divorce | Cruelty Must Be Assessed By Cumulative Effect Of Matrimonial Conduct Rather Than Isolated Incidents: Orissa High Court Merely Labeling Insurance Policy As Comprehensive Does Not Create Unlimited Liability: MP High Court Order VII Rule 11 CPC | Plaint Must Be Rejected If Limitation Bar Is Apparent From Face Of Pleadings: Patna High Court Limitation Act | 'Sufficient Cause' Cannot Be Used To Revive Stale Or Dead Claims By State: Orissa High Court Quashes Order Condoning 53-Year Delay Employee Cannot Remain Dormant Like Rip Van Winkle & Awaken At Convenience: Punjab & Haryana High Court Dismisses Stale Service Plea With ₹25K Cost Section 29 NDPS Act | Mere Allegation Of 'Cooperation' Without Specific Overt Acts Cannot Sustain Charge Of Conspiracy: Rajasthan High Court Forest Land Status Does Not Extinguish Private Civil Title: Punjab & Haryana High Court Upholds Decree For Possession

SC/ST Act | Offence Under Section 3(1)(g) Not Attracted If Dispossession Or Interference Is Not Due To Victim's Caste: Himachal Pradesh High Court

03 October 2026 2:47 PM

By: sayum


"Unless the victim is abused, intimidated or harassed only for the reason that she belongs to the SC & ST, only then the provisions of this Act shall come into play and not otherwise." Himachal Pradesh High Court, in a significant ruling, held that civil disputes regarding land or water rights cannot be converted into criminal proceedings under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, absent any nexus to the caste of the victim.

A bench of Justice Chirag Bhanu Singh observed that the mere existence of a dispute involving a member of a Scheduled Caste or Scheduled Tribe does not automatically satisfy the ingredients of Section 3(1)(g) of the Act.

The dispute arose from a complaint filed by a woman alleging that the respondent, Bishan Chand Sharma, had damaged a water pipeline and altered a connection point, which subsequently impacted her access to water and the use of her land. The State challenged the discharge of the accused, contending that the interference with the complainant’s property and water supply constituted an offence under Section 3(1)(g) of the Act.

The primary issue before the court was whether the acts of the respondent, occurring within the context of a civil property dispute between joint landowners, met the threshold for "wrongful dispossession" or interference under Section 3(1)(g) of the SC/ST Act, specifically requiring the element of caste-based victimization.

Requirement of Caste-Based Nexus

The Court observed that for an offence under Section 3(1)(g) to be established, it is imperative that the alleged act of wrongful dispossession or interference with rights over land or water facilities must be committed against the victim because they belong to a Scheduled Caste or Scheduled Tribe. The Court noted that in the present case, the conflict originated from the shifting of a common T-point to prevent water leakage, and there was no material on record to suggest that the complainant’s caste was the motive for the respondent's actions.

Court Explains Limitation of SC/ST Act

The Court emphasized that the provisions of the SC/ST Act cannot be invoked to settle private civil disputes, such as those regarding boundary walls or the joint usage of land. The Court clarified that such grievances fall squarely within the domain of civil courts and that transforming them into criminal proceedings under the special statute amounts to an abuse of the process of law.

"Where there is a dispute about the possession of the land between the parties, the provisions of the SC & ST Act will not be attracted."

To support its reasoning, the Court cited the Supreme Court’s decision in Hitesh Verma Vs. State of Uttarakhand, affirming that the Act is designed to protect vulnerable sections against caste-based atrocities, not to facilitate the resolution of property disputes. The Court further referred to Ashok Kumar Versus Murtu Devi, reiterating that the Act’s protective umbrella is limited to instances where the harassment is specifically tethered to the victim’s caste identity, and not merely where the victim happens to be from a protected category.

The Court concluded that since the dispute pertained to the management of joint property and water connection maintenance, the learned Special Judge correctly exercised discretion in discharging the accused. Finding no legal infirmity in the impugned order, the High Court dismissed the revision petition, holding that the criminal machinery was incorrectly set in motion for a matter that is essentially civil in nature.

Date of Decision: 24 September 2026

 

Latest Legal News