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Supreme Court: Offence under SC/ST Act only if intention to humiliate

-The Indian Express

A bench of Justices L Nageswara Rao, Hemant Gupta and Ajay Rastogi said that to constitute an offence under the Act, the words spoken must be “in any place within public view”, and not within the four walls of a house and in the absence of any member of the public.

New Delhi: Not every offending remark against a member of the Scheduled Caste or Scheduled Tribe will amount to an offence under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 “unless there is an intention to humiliate…for the reason that the victim belongs to such caste”, the Supreme Court ruled on Thursday.

A bench of Justices L Nageswara Rao, Hemant Gupta and Ajay Rastogi said that to constitute an offence under the Act, the words spoken must be “in any place within public view”, and not within the four walls of a house and in the absence of any member of the public.

The court said this while hearing an appeal by Uttarakhand resident Hitesh Verma, challenging the state High Court order rejecting his plea to quash the chargesheet and summoning orders. Quashing the offences under SC/ST Act, the top court said Verma will continue to face trial in respect of the other offences mentioned in the FIR.

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