SC/ST Act & ‘Public View’ Clause: Why Bombay High Court Quashed the Case Explained

The Bombay High Court's recent decision to quash a case under the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989, highlights a crucial legal interpretation of the term "public view" in caste-based offences. The ruling underscores the necessity of an incident being witnessed by independent third parties for it to be prosecuted under Sections 3(1)(r) and 3(1)(s) of the Act.

Understanding the SC/ST Act and the ‘Public View’ Clause

The SC/ST Act aims to prevent atrocities against Scheduled Castes (SCs) and Scheduled Tribes (STs) by criminalizing various forms of discrimination, violence, and humiliation. However, certain provisions, including Sections 3(1)(r) and 3(1)(s), specifically require that the offence