The Supreme Court has ruled that a case filed under the SC/ST Act cannot proceed because the alleged incident did not occur in a place considered to be “within public view.”
A bench comprising Justices B.R. Gavai and Augustine George Masih made this decision on Friday. According to the court, for an act to qualify as an offense under the SC/ST Act, it must take place in a location where the public can see or hear the accused making offensive remarks.
What Happened?
The case involved a man named Karuppudayar, who was accused of abusing a revenue inspector in Trichy using caste-based insults. According to the FIR, the incident occurred inside the complainant’s office. The accused had gone there to inquire about a petition related to his father’s land records. When he was not satisfied with the response, he allegedly began hurling caste-based insults at the officer. Three of the complainant’s colleagues later arrived and calmed the situation.
Supreme Court’s Reasoning
The court noted that, based on the FIR, the incident took place inside the complainant’s chamber, not in a public space. Since the colleagues arrived after the alleged abuse occurred, the court ruled that the event was not “within public view.”
Justice Gavai, who wrote the judgment, explained that for an act to be punishable under Sections 3(1)(r) or 3(1)(s) of the SC/ST Act, the abuse must take place in an area where members of the public can witness or hear it. If the incident happens behind closed doors, without any public presence, it does not qualify as an offense under these provisions.
High Court’s Error
Before reaching the Supreme Court, the case had been heard by the Madras High Court, which refused to dismiss the charges. However, the Supreme Court found that the High Court failed to properly consider whether the incident took place in “public view.” Because of this oversight, the Supreme Court overturned the High Court’s decision and dismissed the case.
This ruling sets an important precedent for how the SC/ST Act is applied in cases of alleged caste-based abuse. The Supreme Court’s interpretation clarifies that for such cases to stand, the offensive act must be committed in a publicly accessible place where others can witness it.
