Allahabad High Court - An Act must be in Public view in order to constitute an offence under SC/ST Act
Isabella Mariam
The Allahabad High Court, in its order dated May 10, 2024, partly allowed an application under Section 482 of the Code of Criminal Procedure (CrPC) filed by Pintu Singh @ Rana Pratap Singh and two others. The Court quashed the criminal proceedings against the applicants in respect of offences under Section 3(1)(r) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (SC/ST Act), in connection with Case Crime No. 447 of 2017 registered at Nagara Police Station, Ballia.
The FIR, filed on November 15, 2017, alleged that seven individuals, including the applicants, trespassed into the complainant's house, assaulted him and his family members, and used caste-based slurs. The applicants were charged under Sections 147, 452, 323, 504, 506 of the Indian Penal Code (IPC) and Section 3(1)(r) of the SC/ST Act.
The counsel for the applicants, Advocates Manoj Kumar Singh and Virendra Pratap Pal, submitted that the alleged incident occurred within the complainant’s house, which is neither a public place nor within public view. The essential ingredient of "public view," required to constitute an offence under Section 3(1)(r) of the SC/ST Act, was absent in the present case.
The applicants relied on the site plan and the complainant’s statement recorded under Section 161 of the CrPC, which confirmed that the incident occurred within the confines of the complainant’s house and no public members were present at the time. The counsel argued: “The utterances, even if assumed to be true, cannot attract the provisions of Section 3(1)(r) as the essential element of public view is missing.”
The Additional Government Advocate opposed the application, arguing that the charges were appropriately framed based on the allegations made in the FIR. However, it was admitted during submissions that the alleged incident took place inside the complainant’s house and no public member was present.
The Court examined the statutory requirement under Section 3(1)(r) of the SC/ST Act, which criminalizes intentional insult or intimidation with intent to humiliate a member of a Scheduled Caste or Scheduled Tribe in a place within public view. After scrutinizing the site plan and statements recorded under Section 161 CrPC, the Court observed: “The place of incident is the complainant’s house, which is neither a public place nor a place within public view.”
The Court further stated: “In the present case, no member of the public was present at the house of the informant at the time of the alleged incident. Once the offence has not taken place in public view, the provisions of Section 3(1)(r) of the SC/ST Act would not be attracted.”
The High Court, while allowing the application in part, quashed the proceedings against the applicants under Section 3(1)(r) of the SC/ST Act. The Court stated: “The criminal proceedings in respect of other offences under the IPC may continue and be brought to their logical conclusion in accordance with law.”
Case Title: Pintu Singh @ Rana Pratap Singh & Ors. v. State of U.P. & Anr.
Case Number: Application U/S 482 No. 7411 of 2018
Bench: Justice Vikram D. Chauhan
[View/Download order]
