public view requirement

Delhi High Court public view SCST Act
Case BriefsHigh Courts

Delhi High Court ruled that a caste-based insult under Section 3(1)(x), SC/ST Act must occur in a place within public view. Finding this essential ingredient absent, it set aside the charge and remanded the case for consideration under the IPC.

Caste-Based Abuse Inside Residential House
Case BriefsSupreme Court

“The requirement that the place must be one “within public view” can be said to be substantiating the other elements of the offence under the SC/ST Act. It is therefore a sine qua non for making out the offence under the SC/ST Act.”

acquittal in SCST Atrocities case
Case BriefsHigh Courts

“In an acquittal appeal if other view is possible, then also, the appellate court cannot merely substitute its view by reversing the acquittal into conviction, unless the findings of the trial Court are perverse, palpably wrong, manifestly erroneous or demonstrably unsustainable.”