A, a member of a Scheduled Caste, works alone at the farmhouse of B, who is not a member of a Scheduled…
Under clauses (r) and (s) of Section 3(1) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (formerly Section 3(1)(x) prior to the 2016…
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A, a member of a Scheduled Caste, works alone at the farmhouse of B, who is not a member of a Scheduled Caste or a Scheduled Tribe. When no one else is present, B, not being satisfied with A's work, verbally abuses him. Has B committed an offence of intentional insult or abuse under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989?
Answer and explanation
Correct answer A
Under clauses (r) and (s) of Section 3(1) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (formerly Section 3(1)(x) prior to the 2016 amendment), intentional insult or intimidation with intent to humiliate, or abusing a member of a Scheduled Caste or a Scheduled Tribe by caste name, is an offence under the Act only when committed "in any place within public view". As held by the Supreme Court in Swaran Singh v. State (2008), when no member of the public is present to witness the incident, the "within public view" requirement is not satisfied.
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Rajasthan APO