Can’t Prosecute Upper Caste Person Just Because Complainant is from SC/ST Community: SC

“A person belonging to an upper-caste can’t be deprived of exercising their legal rights just because their opponent happens to be a member of the SC/ST community”, the bench led by Justice L. Nageswara Rao observed this while quashing a part of the charge sheet against a person accused under Section 3(1)(x) and 3(1) of SC-ST Act.

The court noted that the basic ingredients of the offence under Section 3(1)(r) are

1) intentionally insults or intimidates with intent to humiliate a member of a Scheduled Caste or a Scheduled Tribe and

2) in any place within public view”.

Reference,

https://www.news18.com/news/india/cant-prosecute-upper-caste-person-just-because-complainant-is-from-scst-community-supreme-court-3049379.html

https://www.livelaw.in/top-stories/mere-insult-of-a-person-is-not-an-offence-unless-it-is-on-account-of-himher-belonging-to-sc-st-165538

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