Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(r) -- Offence u/s 3(1)(r) of SC/ST Act - Abusing any member of a SC or a ST community by his caste name within public view by a non-member of SC or ST community would attract offence u/s 3(1)(r) of the Act...........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(r), 3(1)(s) -- Offence u/ss 3(1)(r), 3(1)(s) of SC/ST Act - Mere statement of aggrieved person would prima facie disclose ingredients for offences u/ss 3(1)(r), 3(1)(s) of the Act...........
Criminal Procedure Code, 1973, Section 227, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(r), 3(1)(s) -- Discharge - Offence u/ss 3(1)(r), 3(1)(s) of SC/ST Act - Complainant made specific allegation against accused that he abused her by calling her caste name in public place - Mere fact that in the statement of other witnesses no..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(r) -- Offence u/s 3(1)(r) of the Act - Mere knowledge of fact that complainant is a member of a SC or a ST is not sufficient to attract S.3(1)(r) of the Act...........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(r) -- Offence u/s 3(1)(r) of the Act - Merely on the fact that complainant is a member of SC or ST, offence u/s 3(1)(r) of the Act cannot stand, unless insult or intimidation is with intention to humiliate such a member of community...........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(r), 3(1)(s) -- Offence u/ss 3(1)(r), 3(1)(s) of the Act - Nothing on record to indicate that alleged acts of appellant were motivated for the reason that complainant is a member of SC or ST - Neither FIR nor charge sheet contains any whisper of an allegation of insult or intimidation..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 18 -- Anticipatory bail - Offence under SC/ST Act - Grant of anticipatory bail is barred and bar would apply when prosecution materials prima facie show commission of offences under SC/ST Act - However, bar u/s 18 of SC/ST Act is not..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 18 -- Anticipatory bail - Offence under SC/ST Act - Defacto complainant is a known person to accused and therefore, he named assailants by disclosing their name with certainty and therefore, knowledge of caste identity of defacto..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(r), (s), Criminal Procedure Code, 1973, Section 482 -- Offence u/s 3(1)(r), (s) of the Act - Quashing of proceedings - Alleged incident occurred near graveyard situated in village which comes within public place and public view - Therefore, prima facie offence established u/s 3(1)(r),..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(xi), Indian Penal Code, 1860, Section 354, 323 -- Offence u/s 3(1)(xi) of SC/ST Act and Ss.354, 323 IPC - PW2 brother of victim stated that many people from locality had come and seen the incident - However, none from locality was produced in Court as prosecution witness - Fact that no..........
