SC/ST Act Section 3(1)(s) Explained: Supreme Court Quashes Summoning Where Caste Abuse Not in “Public View”
Case Name: Sohanvir @ Sohanvir Dhama & Ors. v. State of Uttar Pradesh & Anr.
Citation: 2025 INSC 1397
Date of Judgment/Order: 08 December 2025
Bench: Vikram Nath, Sandeep Mehta
Held: The Supreme Court held that caste-based abuse allegedly uttered inside the complainant’s house does not meet the essential requirement of being “in any place within public view” under Section 3(1)(s) of the SC/ST Act, and consequently quashed the proceedings under the said provision.
Summary: The appellants were summoned to face trial for offences under Sections 323 and 504 IPC and Section 3(1)(s) of the SC/ST Act based on allegations made by the complainant, a member of a Scheduled Caste community. The Trial Court issued summons, which were upheld by the High Court under Section 14-A of the SC/ST Act.
Before the Supreme Court, the appellants confined their challenge to the applicability of Section 3(1)(s) of the SC/ST Act. They contended that the essential ingredient of the offence—namely, that the caste-based abuse must occur in a place within public view—was not satisfied, as the complaint itself indicated that the alleged abuses were hurled inside the complainant’s residence.
The Supreme Court examined the statutory provision and reiterated the settled interpretation that “public view” requires the presence or visibility of members of the public who can witness or hear the abuse. On a plain reading of the complaint and the application under Section 156(3) CrPC, the Court found no averment suggesting that the alleged abuses were made in a public place or within public view.
The Court held that the High Court erred in presuming public view merely because part of the incident allegedly occurred outside the house, when the specific allegation of caste abuse was confined to the interior of the residence. Consequently, the basic ingredients of the offence under Section 3(1)(s) were not prima facie established.
Decision: The appeal was partly allowed. The Supreme Court quashed the proceedings against the appellants insofar as they related to Section 3(1)(s) of the SC/ST Act. The criminal trial in respect of the remaining offences under the IPC was directed to proceed in accordance with law.