Section 3(2)(va) SC/ST Act Attracted Only If Offence Is Specified In Schedule; Inapplicable To Secs 420 & 504 IPC: Supreme Court

"Thus, for applicability of Section 3(2)(va) of SC & ST Act, the offence committed must be the one specified in the Schedule. Offences punishable under Sections 420 and 504 IPC regarding which the cognizance has been affirmed by the High Court are not specified in the Schedule. In such circumstances, the prosecution of the appellant under Section 3(2)(va) of the SC & ST Act is not permissible." Supreme Court, in an authoritative decision, held that Section 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 cannot be invoked unless the offence alleged is specifically enumerated in the Schedule to the Act.

A bench comprising Justice Manoj Misra and Justice Vijay Bishnoi quashed the cognizance taken under the special enactment for offences under Sections 420 and 504 IPC, ruling that "once it is found that no offence punishable under the SC & ST Act has been committed, the learned Special Judge who derives power to take cognizance and try any offence punishable under the SC & ST Act will be denuded of his power to proceed further."

The appellant was arraigned in FIR No. 230 of 2025 at Police Station Kotwali, District Azamgarh, over allegations of obtaining money under the assurance of securing employment for the complainant and subsequently uttering caste-based slurs over a telephone call. Following the police report, the trial court took cognizance under Sections 406, 420, 504 IPC and Sections 3(1)(r), 3(1)(s), and 3(2)(va) of the SC/ST Act. The Allahabad High Court partly allowed the appellant's appeal under Section 14A(1) of the Act by quashing proceedings under Section 406 IPC and Sections 3(1)(r) and 3(1)(s) of the SC/ST Act, but allowed prosecution to continue under Sections 420 and 504 IPC alongside Section 3(2)(va) of the SC/ST Act.

The primary question before the Supreme Court was whether an accused can be prosecuted under Section 3(2)(va) of the SC/ST Act when the surviving substantive offences under Sections 420 and 504 IPC are not enumerated in the Schedule to the Act. The Court was also called upon to determine whether a Special Judge retains jurisdiction over the matter once all offences under the SC/ST Act stand quashed.

Section 3(2)(va) Requires Commission Of An Offence Explicitly Listed In Schedule

The Supreme Court examined the statutory text of Clause (va) of sub-section (2) of Section 3 of the SC/ST Act, which penalizes an individual who commits any offence specified in the Schedule against a person or property knowing that such person belongs to a Scheduled Caste or Scheduled Tribe. The bench emphasized that the explicit statutory prerequisite for attracting the provision is that the underlying offence must find mention in the Schedule appended to the legislation.

Offences Under Sections 420 And 504 IPC Fall Outside Statutory Schedule

Analyzing the surviving charges against the appellant, the Court observed that the High Court had affirmed cognizance exclusively under Sections 420 and 504 IPC after quashing the remaining charges. The bench pointed out that neither Section 420 nor Section 504 IPC is included in the Schedule to the SC/ST Act. Consequently, the bench held that the statutory threshold remained unsatisfied, rendering the ongoing prosecution under Section 3(2)(va) entirely unsustainable in law.

"In such circumstances, the prosecution of the appellant under Section 3(2)(va) of the SC & ST Act is not permissible."

Special Judge Denuded Of Jurisdiction Once SC/ST Act Offences Are Quashed

The bench then addressed the procedural effect of quashing the special statutory charges. The Court held that the Special Judge derives subject-matter jurisdiction solely to take cognizance of and try offences punishable under the SC/ST Act. Once the charges under the special enactment are extinguished, the foundational basis of the Special Court's jurisdiction ceases to operate.

Surviving IPC Offences Must Be Transferred To Competent Magistrate

The bench clarified that the Special Judge cannot continue with the proceedings exclusively for ordinary penal code offences once denuded of special statutory jurisdiction. To preserve the procedural machinery for the surviving charges under Sections 420 and 504 IPC, the Court directed the transfer of the case record to the regular magisterial court for further proceedings in accordance with law.

The Supreme Court partly allowed the appeal, quashing the order taking cognizance under Section 3(2)(va) of the SC/ST Act. The ruling settles the procedural and jurisdictional principle that where an IPC offence is absent from the Schedule to the SC/ST Act, Section 3(2)(va) cannot be invoked, and the Special Court must transfer the surviving non-scheduled charges to a competent Magistrate.

Date of Decision: 18 September 2026