Case Law Analysis
|Himachal Pradesh High Court
SC/ST Act Section 3 | Casteist Remarks Must Be Alleged in FIR to Establish Prima Facie Case; Section 161 CrPC Statements Cannot Retrospectively Fill Gap : HP HC
The Himachal Pradesh High Court has ruled that for an offence under Section 3 of the SC/ST Act to proceed, the initial FIR must explicitly contain allegations of casteist slurs or humiliation. Subsequent statements under Section 161 CrPC cannot be used to retrospectively supply this essential element, sharply limiting how prosecutors can bolster SC/ST Act charges after investigation. This sets a strict pleading standard affecting how police draft FIRs and how courts assess prima facie cases.