Atrocities Act-plz help
Sumir
(Querist) 09 January 2010
This query is : Resolved
I had filed a complaint against a person that he had verbally abused me, which I couldn't prove; he (the opposite party/respondent) had stated that their was no communication between both of us, and that he do not know me; and has very cunningly stated that I am putting false case against him since he belongs to SC(schedule caste) category and requested that action should be taken against me under atrocities act. I had not made any comment about his caste, in fact was even unaware about his caste. Please comment.(note I am from open/genera/non reserved category)
{one of a good move is to state that for action to be taken against me under the above mentioned act;I have to be non SC/ST; though I am not SC/ST; as per his own statement he do not know me, hence even do not know my caste, hence this indicates that even before knowing proper facts in detail he is trying to misuse law and put false counter case against me}
adv. rajeev ( rajoo )
(Expert) 09 January 2010
In almost all atrocity cases it happens, unnecessary cases will be filed by misusing the act.
I had filed an anticipatory bail in SC/ST case. I aruged regarding the misuse of the act my client got anticipatory bail, actually there is no anticipatory bail for the offences charged under the SC/ST act.
If complaint is lodged against you consult the good lawyer and apply for the bail. Dont believe the police people because they are afraid of the associations, if action against you is not initiated then associations will go on strike.
You can also use the benefit of the counter case.
Raj Kumar Makkad
(Expert) 09 January 2010
Your view is absolutely right. You should confine to the statement of the alleged complainant which states that neither he know you nor caste of each other so this is the only and best defence which should openly be used by you and you shall be exonerated from the chanrges on this sole ground.
kranthi kiran
(Expert) 09 January 2010
Section 3(1) (x) of the SC & ST Act reads as under:-
“3. Punishments for offences of atrocities.(1) Whoever, not being a member of a
Scheduled Caste or a Scheduled Tribe,--
xxxx xxxx xxxx xxxx xxxx
(x) intentionally insults or intimidates with intent to humiliate a member of a
Scheduled Caste or a Scheduled Tribe in any place within public view;
xxxx xxxx xxxx xxxx xxxx
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.
So the basic ingredients for the offence under Clause (x) of Sub−section (1) of
Section 3 of the Act, revealed through the bare reading of this section are as
follows: (a) there should be intentional insult or intimidation by a person, who
is not a member of SC or ST; (b) the insult must be with an intent to humiliate
the member of the SC or ST. As the intent to humiliate is necessary, it follows
that the accused must have knowledge or awareness that the victim belongs to the
SC or ST. This can be inferred even from long association; and (c) the incident
must occur in any place within the public view.
So if the Complaint filed against you fails to comply with the any of the above conditions, file a quash petition u/s 482 Cr.P.C before High Court.
Ajay Bansal
(Expert) 09 January 2010
You need not not be worried.The act aplies where insult of cast is present and not where a member of S.C is insulted without insulting of his/her caste.
