Jammu & Kashmir High Court Directs Construction of Overhead Bridge or Underpass on Ring Road for Safe Passage of Villagers Minor Injuries No Bar for Framing Charges Under Section 307 IPC if Intent to Kill is Present: Supreme Court Prosecution's Case Full of Glaring Doubts:  Supreme Court Overturns Conviction in Abduction and Murder Case Allegations of Dowry Demand in FIR Found Vague and Driven by Civil Property Dispute: Supreme Court Quashes FIR and Chargesheet in Dowry-Cruelty Case Local Police Failed to Perform its Duties: SC Directs New Investigating Officer in Property Dispute Properties Acquired By Gift During Marriage Remain Separate Property Of Spouse Under French Civil Code; Husband Entitled To Half Share Only In Community Assets: Madras High Court Abuse Of Process: Supreme Court Dismisses Plea Against Closure Of Human Trafficking Complaint, Flags Lack Of Bona Fides Access To Justice Cannot Be Denied When Tribunal Is Not Functioning': Calcutta High Court Holds Writ Maintainable Under Article 226 Amid Stalled Conciliation Proceedings Violation Of Natural Justice Overrides Bar On Maintainability Under Section 18 MSMED Act: Orissa High Court Panic In A Train Does Not Mean Self-Destruction: Punjab & Haryana High Court Grants ₹8 Lakh Compensation For Passenger's Death In Stampede Section 101 JJ Act | Date Of Knowledge Of Order, Not Mere Knowledge Of Disposal, Commences Limitation Period: Delhi High Court Telangana High Court Quashes Order Declaring Inam Land As Govt Property Without Determining Occupancy Rights Proviso To Section 125(3) CrPC Does Not Limit Enforcement Of Monetary Relief Orders Under Section 20 DV Act: Telangana High Court Regularization Of Deviation Within Permissible Plot Envelope Governed By Uniform Fee Schedule, Arbitrary 5X Penalty Unsustainable: J&K&L High Court Man Who Blackmailed Woman With Her Own Nude Photos To Rape Her Repeatedly Can't Escape Conviction Merely Because His Voice Sample Wasn't Taken: Delhi High Court Arbitration Clause In Sale Agreement Cannot Be Invoked If Subject Matter Involves Third-Party Title Disputes: Madhya Pradesh High Court Trial Court Errs In Dismissing Amendment Plea If New Facts Emerge From Written Statement: Punjab & Haryana High Court 'No Compensation For Own Wrong': Gujarat High Court Rules Tortfeasors & Legal Heirs Cannot Claim Motor Accident Damages Under Section 166 MV Act Allahabad High Court Pulls Up Police And Magistrates Over Illegal Remand Of Juvenile Accused Section 13(1)(ia) & (ib) Hindu Marriage Act | Spouse Seeking Divorce On Grounds Of Cruelty And Desertion Must Prove Allegations With Cogent Evidence: Telangana High Court Cannot Let Land Become Banjar: Punjab & Haryana High Court Upholds Appointment Of Receiver Under BNSS Amidst Pending Civil Title Disputes Section 8 Arbitration Act | Executing Court Must Refer Parties To Arbitration If Dispute Falls Within Scope Of Compromise Decree: Madhya Pradesh High Court Suit For Damages Arising Out Of Tortious Injury Barred By Limitation If Not Filed Within One Year: Punjab & Haryana High Court 72-Hour Gap Not Proximate: Calcutta High Court Quashes Murder Conviction, Holds 'Last Seen' Theory Inapplicable When Time Gap Is Wide Original Owner Cannot Create Trust Over Property Already Sold; Separate Relief For Title Declaration Not Required: Madras High Court

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