Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(r), 3(1)(s), 3(2)(va), Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Offence u/ss 3(1)(r), 3(1)(s), 3(2)(va) of SC/ST Act - No whisper of allegation against accused by victim much less of commission of offence u/s 3 of SC/ST Act - Anticipatory bail granted to..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v) -- Offence u/s 3(2)(v) of SC/ST Act - Main offence u/ss 376, 493 IPC not attracted - Accused cannot be convicted u/s 3(2)(v) of SC/ST Act...........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v) -- Offence u/s 3(2)(v) - No allegation that offence under IPC punishable with imprisonment of 10 years or more was committed by an accused of upper caste upon a person belonging to SC community with the knowledge that such person belonged to said community - Prima facie ingredients..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 341, 427, 458, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v) -- Quashing of FIR - Compromise - Offence u/ss 323, 341, 427, 458 IPC and S.3(2)(v) of SC/ST Act - FIR can be quashed even in offences under SC/ST Act - However, compromise must be with..........
Indian Penal Code, 1860, Section 323, 504, 506, 427, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(va) -- Offence u/ss 323, 504, 506, 427 IPC and S.3(2)(va) of SC/ST Act - Civil and criminal proceedings - Criminal proceedings has only been initiated by filing complaint after eviction order passed in civil proceedings - It is a..........
Indian Penal Code, 1860, Section 323, 504, 506, 427, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(va) -- Offence u/ss 323, 504, 506, 427 IPC and S.3(2)(va) of SC/ST Act - Civil and criminal proceedings - Criminal proceedings has only been initiated by filing complaint after eviction order passed in civil proceedings - It is a..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(va) -- Offence u/s 3(2)(va) of the Act - Mere knowledge of accused that victim being a person belonging to SC/ST community is not enough to implicate him - What is necessary is that offended words must have been used by accused against victim with intent to humiliate her because she..........
Protection of Children from Sexual Offences Act, 2012, Section 28(2), Indian Penal Code, 1860, Section 354, 354A, 451, 506(iii), Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(va) -- Offence u/ss 354, 354A, 451, 506(iii) IPC and S.3(2)(va) of SC/ST Act - Two offences occurred within a gap of half an hour and at the same place -..........
Protection of Children from Sexual Offences Act, 2012, Section 42A, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 20, Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Offence committed both under POCSO Act and SC/ST Act - Provision of POCSO Act will prevail over SC/ST Act and whenever an offence under POCSO Act is..........
Protection of Children from Sexual Offences Act, 2012, Section 42A, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 20, Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Offence committed both under POCSO Act and SC/ST Act - Order refusing bail has been passed by Special Court constituted under POCSO Act and not by..........
