Topic

SCST Act

The SC/ST (Prevention of Atrocities) Act, 1989, addresses caste-based violence and discrimination against Scheduled Castes and Scheduled Tribes in India, with specific provisions criminalizing acts intended to humiliate or degrade members of these communities.

98 articlesLatest 3 weeks ago
Judicial Mind Required Under BNSS 175(3)-(4) Before Ordering FIR Against Public Servants : Allahabad HC
Case Law Analysis
|Allahabad High Court

Judicial Mind Required Under BNSS 175(3)-(4) Before Ordering FIR Against Public Servants : Allahabad HC

The Allahabad High Court quashed an FIR against police officers, holding that magistrates must apply judicial mind under BNSS 175(3)-(4) and consider the superior officer's report and the public servant's explanations before directing registration of an FIR arising from official duties. The ruling safeguards public servants from mala fide prosecutions while ensuring accountability.

Public View Requirement - Sections 3(1)(r) & 3(1)(s) SC/ST Act offences must be made in public view | SC
Case Law Analysis
|Supreme Court of India

Public View Requirement - Sections 3(1)(r) & 3(1)(s) SC/ST Act offences must be made in public view | SC

The Supreme Court ruled that a caste-based insult must be uttered in a place visible to the public to attract liability under Sections 3(1)(r) and 3(1)(s) of the SC/ST Act. Consequently, charges were dismissed where the alleged abuse occurred in a private office. This clarifies the public-view test for all future SC/ST Act prosecutions.

Public caste insult satisfies prima facie test under Sec 3(1)(r) SC/ST Act & IPC 504 - Discharge denied | Karnataka HC
Case Law Analysis

Public caste insult satisfies prima facie test under Sec 3(1)(r) SC/ST Act & IPC 504 - Discharge denied | Karnataka HC

The Karnataka High Court refused to discharge the accused, confirming that a caste-based insult made in public fulfills the prima facie requirement for an offence under Section 3(1)(r) of the SC/ST (Prevention of Atrocities) Act and IPC 504. This clarifies that such public insults alone can sustain charge-framing, impacting future prosecutions involving caste slurs.

POCSO Act Overrides SCST Act Section 18 Bail Bar | Anticipatory Bail Permitted Despite Statutory Restriction : Bombay HC Aurangabad
Case Law Analysis
|Bombay High Court

POCSO Act Overrides SCST Act Section 18 Bail Bar | Anticipatory Bail Permitted Despite Statutory Restriction : Bombay HC Aurangabad

The Bombay High Court has ruled that when offenses under the POCSO Act and the SCST Act arise concurrently, the POCSO Act’s bail framework takes precedence over Section 18 of the SCST Act, which otherwise prohibits anticipatory bail. This sets a critical precedent for accused persons facing dual charges, ensuring that child protection laws do not get sidelined by procedural bars meant for caste-based atrocities.