The Supreme Court has observed that in order to constitute a cognizable offence under section 3(1) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 there must be intentional insult or intimidation with
Recent Judgments related to SC/ST POA ACT 1989
Introduction
intent to humiliate. It has held that mere making of a false complaint does not make out a case for prosecution under section 3(1)(x) of the Act. The Supreme Court has ruled that the right to appeal is a fundamental right guaranteed under Article 14 of the Constitution of India. The Apex Court has held that criminal proceedings can be quashed against persons who are falsely implicated or accused
The Supreme Court has observed that in order to constitute a cognizable offence under section 3(1) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 there must be intentional insult or intimidation with intent to humiliate.
The Supreme Court has observed that in order to constitute a cognizable offence under section 3(1) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 there must be intentional insult or intimidation with intent to humiliate.
Accordingly, it is not enough if the accused only intended to threaten or intimidate him/her but did not intend to humiliate him/her; rather he/she must have intended both these elements which are required for the crime being committed under Section 3(1)(x).
It has held that mere making of a false complaint does not make out a case for prosecution under section 3(1)(x) of the Act.
The court has held that mere making of a false complaint does not make out a case for prosecution under section 3(1)(x) of the Act. The court observed that there must be intentional insult or intimidation with intent to humiliate and harass, which could be proved by showing that someone had been falsely accused in order to humiliate them or intimidate them.
The Supreme Court has ruled that the right to appeal is a fundamental right guaranteed under Article 14 of the Constitution of India.
The Supreme Court has ruled that the right to appeal is a fundamental right guaranteed under Article 14 of the Constitution of India. This means that no person can be deprived of his or her fundamental rights without due process and just compensation, as laid down in Article 21A.
The Supreme Court also held that criminal proceedings must be fair and just, including ensuring that false allegations against an individual are not made in order to secure his conviction or acquittal; he/she should also have access to appropriate legal assistance during such trials. In this case, it was found that falsely implicated schoolchildren had been unfairly treated by police officers who failed to follow procedure when dealing with their complaints about violence at school premises
The Apex Court has held that criminal proceedings can be quashed against persons who are falsely implicated or accused.
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Don’t file false complaints and make sure you have admissible proof before filing a case under SC/ST poa act
The Supreme Court has made it clear that the purpose of this act is to protect the SC/ST community from false complaints and accusations, and not just anyone who has been accused. This means that you must be able to prove your case under the SC/ST POA Act 1989 before you can file a complaint.
The Act also provides that if you have made an allegation against someone who claims to be a member of any Scheduled Caste or Scheduled Tribe (SC/ST), then they need only prove their identity by providing proof such as caste certificate or ID card etc., after which they will be entitled to sue for damages up to Rs 10 lakhs per instance where there has been an offence committed against them based on these allegations alone; however if these same people had been involved in an earlier case against another person who was also allegedly belonging to either caste or tribe then there would have been no need for them ever again since he could otherwise easily prove his status through these methods – so long as he wasn’t lying about anything else related specifically toward himself being part *only* belonging within that particular class.*
Conclusion
The SC/ST Poa Act is a very powerful tool to combat caste-based discrimination. Be aware of the fact that it is not an easy law to apply in court, but if you have admissible evidence and a good lawyer then the chances of winning your case are more than likely.