Apex Law Journal
Apex Law Journal
An online law journal reporting latest and important judgments of Hon'ble Supreme Court of India.                                                                                                                         Click here to get free legal updates via email                                                                                                                          Click here to download forms (Address Form, List Of Documents and Memorandum Of Appearance)
User Name :
Password :
New Subscriber
Forgot Password
 

Editor

Neha Goel, Advocate

Advisory Board

S.C. Khunger, Advocate

Rohit Bansal, Advocate

Varinder Singh Kanwar, Advocate

Hittan Nehra, Advocate

Judgments on Scheduled Castes and The Schedules Tribes (Prevention of Atrocities) Act, 1989

Saturday, May 07, 2011
Scheduled Castes and The Schedules Tribes (Prevention of Atrocities) Act, 1989

Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act), 1989 — Section 3(1)(x) — Uses of the words ‘pallan’, ‘pallapayal’ ‘parayan’ or ‘paraparayan’ with intent to insult is highly objectionable and is also an offence under the SC/ST Act.

 
Scheduled Castes and The Schedules Tribes (Prevention of Atrocities) Act, 1989

Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act), 1989 — Section 3(1)(x) — Two tumbler system — In many tea shops and restaurants there are separate tumblers for serving tea or other drinks to Scheduled Caste persons and non-Scheduled Caste persons — This, held, is highly objectionable, and is an offence under the SC/ST Act, and hence those practicing it must be criminally proceeded against and given harsh punishment if found guilty — All administrative and police officers will be accountable and departmentally proceeded against if, despite having knowledge of any such practice in the area under their jurisdiction they do not launch criminal proceedings against the culprits.

 
Thursday, April 07, 2011
Scheduled Castes and The Schedules Tribes (Prevention of Atrocities) Act, 1989

Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 — Section 3(1)(x) — Prosecution under — In order to prosecute the accused under section 3(1)(x), the public must view the person being insulted for which he must be present and no offence on the allegations under section 3(1)(x) gets attracted if the person is not present.

 
Monday, January 10, 2011
Scheduled Castes and The Schedules Tribes (Prevention of Atrocities) Act, 1989

Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — Section 3 — Whether conviction of the accused under the Scheduled Cases and Scheduled Tribes (Prevention of Atrocities) Act, 1989 can be set aside on the ground that the Caste Certificate was not produced and investigation by a Police Officer of the rank of Deputy Superintendent of Police was not done? — Held, no — Conviction cannot be set aside on such hyper technical grounds.

 
Saturday, March 14, 2009
Scheduled Castes and The Schedules Tribes (Prevention of Atrocities) Act, 1989

Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — Section 3(1)(xi) — Criminal Procedure Code, 1973, Section 482 — Scheduled Tribes (Prevention of Atrocities) Rules, 1995, Rule 7 — Caste of the accused not mentioned in the FIR — Whether non-mention of the caste of the accused could be a ground to quash the proceedings under Section 482 of the Cr.P.C. ? — Held, no — Whether the accused belongs to schedule caste or schedule tribe can be gone into when the matter is being investigated — View taken by the Bombay High Court does not appear to be correct view while that of the Orissa High Court is the correct view.

 
Friday, September 12, 2008
Scheduled Castes and The Schedules Tribes (Prevention of Atrocities) Act, 1989

Scheduled Castes and The Schedules Tribes (Prevention of Atrocities) Act, 1989 — Section 3(1)(x) — Whether calling a person `Chamar\' amounts to intentionally insulting with intent to humiliate a member of the Scheduled Caste ? — Held, calling a member of the Scheduled Caste `Chamar' with intent to insult or humiliate him in a place within public view is certainly an offence under section 3(1)(x) of the Act — Whether there was intent to insult or humiliate by using the word `Chamar' will of course depend on the context in which it was used.   

 
Scheduled Castes and The Schedules Tribes (Prevention of Atrocities) Act, 1989

Scheduled Castes and The Schedules Tribes (Prevention of Atrocities) Act, 1989 — Section 3(1)(x) — Held, Section 3(1)(x) does not use the expression `public place', but instead the expression used is `in any place within public view' — There is a clear distinction between the two expressions.     

 
Scheduled Castes and The Schedules Tribes (Prevention of Atrocities) Act, 1989

Scheduled Castes and The Schedules Tribes (Prevention of Atrocities) Act, 1989 — Section 3(1)(x) — In the present case, it has been alleged in the FIR that Vinod Nagar, the first informant, was insulted by appellants 2 and 3 (by calling him a `Chamar\') when he stood near the car which was parked at the gate of the premises — Held, this was certainly a place within public view, since the gate of a house is certainly a place within public view — It could have been a different matter had the alleged offence been committed inside a building, and also was not in the public view — However, if the offence is committed outside the building e.g. in a lawn outside a house, and the lawn can be seen by someone from the road or lane outside the boundary wall, the lawn would certainly be a place within the public view — Also, even if the remark is made inside a building, but some members of the public are there (not merely relatives or friends) then also it would be an offence since it is in the public view — We must, therefore, not confuse the expression `place within public view\' with the expression `public place\' — A place can be a private place but yet within the public view — On the other hand, a public place would ordinarily mean a place which is owned or leased by the Government or the municipality (or other local body) or gaon sabha or an instrumentality of the State, and not by private persons or private bodies.      

 

 
Act Topic
Rule Citation
Keyword
 
Free Text Search
 
Follow us on :
(Best view with 1024x768 Resolution)
© All rights including Copyrights and rights of translations etc, reserved and vested exclusively with Deepak Publications. No part of this publication may be reproduced or transmitted in any form or by any means, electronics, mechanical, photocopying, recording or otherwise, or stored in any retrival system of any nature without the written permission of the copyright owner.

By using this site, you (and any entity on whose behalf your are acting) are consenting to be bound by Terms & Conditions, Privacy Policy & Disclaimer Clause.