Essential ingredients:
1. Intentional insult
2. The insult must be such as to give provocation to the
person insulted.
3. Intention that such provocation should ... mandates that whoever intentionally
(r)(s) of
SC & ST insults or intimidates with intent to humiliate a member
(PoA) of a Scheduled Caste
being the
members of SC/ST, wrongfully
dispossessed the CW1, who is the
member of SC/ST from his land and
thereby committed an offence ... place, the
accused persons are not being the
members of SC/ST, intentionally
insulted/intimidated with intent to
humiliate
against and made to a
member of "SC/ST and for being member of SC/ST.
(c) The utterance must be made ... directed against a member of
SC/ST in contradistinction to a group of members of
SC/ST or the community as a whole, it would
Section 3 of the
SC/ST Act are : (a) that there must be an "intentional insult" or
"intimidation ... with "intend" to humiliate SC/ST member by a non
SC/ST member, and (b) that insult must have been done
accused for the
offence punishable under Sec. 3 & 4 of SC/ST (Prevention
of Atrocities) Act and Sec. 323 of IPC. They are
accordingly ... that accused was not a
member of SC&ST and he intentionally insulted or intimidated with
intend to humiliate the respondent in a place
themselves belong to the SC/ST category have been charged the offences under the SC/ST Act, on the basis of the statement ... Court has held that offences under the SC/ST Act, attracts, where there is ingredients of intentional insult and intimidation with an intent to humiliate
SC/ST(POA)
Act,1989. It is alleged by the complainant that on
02.04.2022 in the night hours, in the village where there was
Hanumappa ... public view and
no intention to insult the members of the SC and ST caste.
The investigation is also completed and charge sheet has
been
Section 3 (1) (r) (s) of SC/ST Act, which are quoted below:-
"3(1) (r) intentionally insults or intimidates with intention to humiliate ... criminal proceedings against the accused-applicant, then the overriding objection of SC/ST Act would not be overwhelmed if the proceedings are quashed. It further
SC/ST Act only attracts when the offence is done by the member, who did not belong to the SC/ST community and he intentionally ... insulted or intimidated with intent to humiliate the member of a Scheduled Castes or Scheduled Tribe in any place of public view.
Learned counsel
were in common intention to insult
the complainant, therefore, are liable to be prosecuted u/s. 3 of SC/ST Act
with section ... SC/ST Act: The prosecution case is that
the accused persons had uttered castiest remarks to insult the complainant
Laxmi Devi. The evidence on record
