No Arbitration Agreement, No Arbitrator: Supreme Court Voids Award Made Without Municipal Council's Consent, Calls Entire Proceedings "Coram Non Judice" Post-Disposal Miscellaneous Applications Maintainable Only In Rare Situations; Court Becomes Functus Officio After SLP Dismissal: Supreme Court Vague & Omnibus Allegations Against Relatives In Matrimonial Disputes Must Be Nipped In The Bud; 7-Year Delay In FIR Fatal: Supreme Court State Can Withdraw Electricity Duty Exemption For Captive Power Plants In Public Interest But Must Give One-Year Notice Period: Supreme Court DSC Personnel Entitled To Second Pension; Shortfall In Service Up To 12 Months Can Be Condoned: Supreme Court Person Professing Christianity Cannot Claim Scheduled Caste Status To Invoke SC/ST Act: Supreme Court Except Matters One May, But Exclude Justice One Cannot: Supreme Court Restores Arbitral Award, Holds State Cannot Be Judge In Its Own Cause On Disputed Breach When State Requisitions Your Vehicle For Elections And It Kills Someone, The State Pays — Not Your Insurer: Supreme Court Land Acquisition | Financial Burden Cannot Defeat Constitutional Right to Just Compensation: Supreme Court Unsigned Charge Is A Curable Irregularity, Won't Vitiate Trial Unless 'Failure Of Justice' Is Shown: Supreme Court Tenant Files Fresh Petition Before Rent Authority After Supreme Court Dismisses SLP, Review And Misc Application — Court Calls It "Gross Abuse of Process", Voids Restoration Order Taxation Law | Exemption For Naphtha Depends On 'Intended Use' At Procurement, Not Actual Exclusive Use: Supreme Court Army's Own Grading System Worked Against Women Officers For Years — Supreme Court Grants Permanent Commission, Pension To Short Service Women Officers

Supreme Court Quashes SC/ST Act Charge: No Allegation Must Match Specific Legal Criteria

07 May 2024 8:19 AM

By: Admin


The Supreme Court of India, in a significant ruling  has quashed the charges framed under Section 3(2)(v) of the SC/ST (Prevention of Atrocities) Act against Shashikant Sharma & Ors. In their appeal against the State of Uttar Pradesh & Anr. This decision is pivotal in the context of how charges under the SC/ST Act are to be framed and assessed.

Justices Pamidighantam Sri Narasimha and Sandeep Mehta, presiding over the case, emphasized a crucial legal standard in their judgment: “There must be an allegation that the accused, not being a member of Scheduled Caste or Scheduled Tribe, committed an offence under the IPC punishable for a term of 10 years or more against a member of the Scheduled Caste or Scheduled Tribe knowing that such person belongs to such ‘community’.”

The appeal challenged the decision of the High Court of Judicature at Allahabad and the Special Judge under SC/ST(PoA) Act in Hathras, which had upheld the charges under both the Indian Penal Code (IPC) and the SC/ST Act. The appellants argued against the validity of the charges, particularly under the SC/ST Act.

The Supreme Court, in its analysis, found that the allegations did not sufficiently indicate that the offences were committed with the specific knowledge that the victim was a member of a Scheduled Caste or Scheduled Tribe. The Court’s ruling underscores the importance of meeting every legal requirement for framing a charge under the SC/ST Act.

The judgment maintains that the trial for other IPC offences will proceed in the relevant Court of Sessions. This landmark ruling brings into focus the necessity of precise and legally sound allegations to uphold charges under specialized laws like the SC/ST Act, setting a precedent for future cases.

Date of Decision: 1st December 2023

SHASHIKANT SHARMA & ORS. VS STATE OF UTTAR PRADESH & ANR.

Latest Legal News