Sections 3(r) and 3(s) of the SC/ ST (Prevention of Atrocities) Act, 1989, are the 2 most common offences we see under the SC/ST Act. The same is extracted below:
“3. Punishments for offences atrocities.—(1) Whoever, not being a member of a Scheduled Caste or a Scheduled Tribe,—
…(r) intentionally insults or intimidates with intent to humiliate a member of a Scheduled Caste or a Scheduled Tribe in any place within public view;
(s) abuses any member of a Scheduled Caste or a Scheduled Tribe by caste name in any place within public view;
….
shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to five years and with fine.”
Among other important aspects regarding the interpretation of the above 2 provisions, the words “in any place within public view” has been a point of discussion, leading to several judgments on the same. Will the offence be attracted if the incident occurs within a private space? Will it be attracted if it happens in a public place, if it is witnessed by relatives of the victim? These offences are often falsely alleged. Therefore, it becomes crucial for defense-side criminal advocates to understand key aspects of these 2 offences, and how to argue against such an offence, to get them quashed at an earlier stage itself.
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