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

  1. if someone from the upper-caste humiliates any person from sc/st caste. what is evidence should be produced?

    1. A recording, audio or video. Eye-witnesses who could be cross examined.
      How many, many times SC\ST employees have had to be let free to do anything because they threaten the upper caste officer that he would claim the officer abused him over caste!

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