If it’s a ‘civil’ offence: The Supreme Court said this while dismissing a case against a Madhya Pradesh resident who was found guilty of using casteist remarks against a Scheduled Caste woman with whom he had a property dispute.
THE SUPREME COURT ruled on Monday that the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act), 1989, can be challenged using the Supreme Court’s inherent powers under Article 142 of the Constitution or the High Court’s inherent powers under Section 482 of the Code of Criminal Procedure.
“Where it appears to the court that the alleged offence, while covered by the. SC/ST Act, is primarily private or civil in nature. Or where the alleged offence has not been committed on account of the victim’s caste, or where the continuation of the legal proceedings would be an abuse of the process of law,” said a Bench of Chief Justice of India N V Ramana and Justices Surya Kant and Hima Kohli.
“If the court is satisfied that the underlying objective of the. Act would not be contravened or diminished even if the felony in question goes unpunished. The mere fact that the offence is covered under a’special statute’ would not prevent” it or the. HC “from exercising their respective powers under Article 142 of the. Constitution or Section 482 CrPC,” it said in response to a quashing petition on the grounds. That the parties had settled their differences.
If it’s a ‘civil’ offence, The Bench made the statement while dismissing a case against a Madhya. Pradesh resident who was found guilty of using casteist remarks against a Scheduled. Caste woman with whom he had a property dispute. Moreover, The ruling was maintained by the Madhya Pradesh. High Court, notwithstanding the fact that the guy had been convicted by a trial court.
For instance, “Normally, when dealing with offenses deriving from special statutes like the. SC/ST Act, the court will exercise extraordinary caution.” Therefore, The. SC/ST Act was designed to protect members of Scheduled Castes and Scheduled Tribes from acts of indignity, humiliation, and harassment.
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