The Allahabad High Court has held that merely addressing someone by their caste does not amount to an offence under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act unless there is clear intent to insult, humiliate, or intimidate.
The court said that without such intent, continuing criminal proceedings under the law would amount to misuse of its provisions.
Summons under SC/ST Act quashed, IPC charges remain
The verdict was delivered by a single-judge bench of Justice Madan Pal Singh while hearing a criminal appeal filed by Amay Pandey and three others.
The court set aside the trial court’s summons issued in July 2025 under the SC/ST Act, observing that the case did not meet the legal requirements for invoking the Act. However, it allowed proceedings under the Indian Penal Code to continue.
Case details and contradictions highlighted
The case stems from an FIR filed in 2019, where the complainant initially alleged an assault following a dispute at a wedding. The FIR did not mention any caste-based abuse and was filed against unidentified persons.
Later, in a statement, the complainant introduced allegations of caste-related abuse and claimed to have identified the accused through CCTV footage.
The appellants’ counsel argued that this shift in the narrative raised serious doubts about the credibility of the case. The lawyer also pointed out that medical evidence showed only minor injuries, suggesting exaggeration.
Court finds lack of caste-based intent
After examining the evidence, the court noted “substantial discrepancies” between the FIR and subsequent statements. It observed that there was no material to show that the alleged acts were committed because of the complainant’s caste.
The bench said, “The prosecution must establish that the accused intentionally insulted or intimidated the victim specifically on the ground of caste.”
It added that such acts must also occur in public view to attract provisions of the SC/ST Act.
“Mere abuse not enough” for SC/ST charges
The court clarified that verbal abuse or even a physical altercation, without proof of caste-based intent, does not fall under the strict provisions of the Act.
It said that invoking the law without meeting these essential conditions would be improper and could lead to abuse of legal process.
