.jpg "SC-ST ACT can't file FIR in each case of abuse: Supreme Court docket 2")
The Supreme Court docket of India, whereas giving an vital determination in a case, mentioned that FIR can’t be registered underneath the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 in each case of indecency or abuse.
No Atrocity Act except there’s a casteist comment
A bench of Justice SR Bhat and Justice Dipankar Datta mentioned that if an individual publicly calls one other particular person an fool or a idiot or a thief, it could quantity to an act of abusing the accused. Even whether it is directed to an individual belonging to a Scheduled Caste or a Scheduled Tribe, it can’t be imputed underneath part 3(1)(x) except such phrases are mentioned to have caste connotations.
The court docket mentioned that it’s mandatory that earlier than prosecuting the accused, the remarks made by him must be underlined. Based on this determination, it’s the responsibility of the police, whereas conducting the investigation within the case of Atrocity Act, to analyze whether or not caste-specific phrases have been used on the time of the incident or not. It’s obligatory to be licensed for figuring out the punishment underneath the Atrocity Act.
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