Accused Can’t be Charged Under SC/ST Act if Court Find no Intention, Orissa HC Quashes Allegations

The Orissa High Court recently dismissed charges against two people under Section 3 of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989, for insulting a Scheduled Caste person.

The Single-Judge Bench of Justice R.K. Pattanaik held that unless the intention to insult or humiliate the victim because he belonged to the Scheduled Caste or Scheduled Tribe was prima facie established, it would not by itself attract an offence under the SC/ST (PoA) Act if the victim’s caste name was used in jest or uttered suddenly during the course of an incident.

The Bench also noted that the person claimed to have been verbally abused by the petitioners because of his caste had not filed the case.

According to the prosecution, the complainant was returning home in 2017 when he was abused, attacked, and terrorised by the petitioners-accused. This prompted others to arrive on the scene and attempt to rescue the complainant.

One of these interveners was the victim (who belonged to a Scheduled Caste).

According to the petition, one of the petitioners reportedly illegally intimidated the victim and cast aspersions on his caste.

The Bench found it unreasonable and unfair to presume that the petitioners sought to offend or humiliate the victim because of his caste.

Although dismissing the SC/ST Act charges, the High Court refused to dismiss other allegations brought against the petitioners in the case under the Indian Penal Code (IPC), including inflicting harm and criminal intimidation.