SC/ST Act Not Attracted Without Independent Witnesses To Alleged Caste-Based Slurs: Bombay High Court Quashes FIR

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Published 27 October 2026

Case: Not provided
Court: Bombay High Court
Bench: Justices Vibha Kankanwadi and Abhay Waghwase
Citation: 2024 LiveLaw (Bom) 276
Decided: 12 June 2024
Statutes: Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989
Source: LiveLaw

Bottom Line Up Front (BLUF)

In 2024 LiveLaw (Bom) 276, the Bombay High Court (Justices Vibha Kankanwadi and Abhay Waghwase) quashed an FIR under the SC/ST Act, holding that the Act is not attracted in the absence of independent witnesses to alleged caste-based slurs. The court found that the allegations were made in a private setting, not in public view, which is a prerequisite for the offence.

Ratio Decidendi · Legal Principle Established

For an offence under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, to be attracted, the alleged caste-based abuses must have been uttered in 'public view'. The mere presence of family members or interested parties does not satisfy the requirement of 'public view' if no independent witnesses are present.

Practice & Procedural Impact for Advocates

Advocates should ensure that FIRs under the SC/ST Act clearly establish the 'public view' element with independent witnesses. Litigants facing such charges can argue for quashing if the alleged incident occurred in a private setting without independent public presence.

Key Legal Takeaways

1The 'public view' requirement under the SC/ST Act is crucial for attracting the offence.
2Presence of only family members or interested parties does not constitute 'public view'.
3Absence of independent witnesses to caste-based slurs can lead to quashing of FIRs under the Act.

The Legal Issue The Bombay High Court addressed whether an FIR lodged under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, could be sustained when the alleged caste-based abuses were not made in 'public view'. The core issue revolved around the interpretation of 'public view' and whether the presence of only family members or interested parties satisfied this statutory requirement.

Court's Reasoning The bench of Justices Vibha Kankanwadi and Abhay Waghwase, in its judgment dated 2024-06-12 (2024 LiveLaw (Bom) 276), emphasized that a prerequisite for an offence under the SC/ST Act is that the derogatory remarks must be uttered within 'public view'. The court observed that the allegations in the present case indicated that the abuses were made in a private setting, specifically within the confines of a house, with only the complainant's family members present. The High Court reiterated that the mere presence of family members or other interested parties does not equate to the incident occurring in 'public view' as contemplated by the Act. For the 'public view' criterion to be met, there must be independent witnesses who are not related to the parties involved and who can attest to the incident.

What Follows Given the absence of independent witnesses and the private nature of the alleged incident, the Bombay High Court concluded that the essential ingredients for an offence under the SC/ST Act were not met. Consequently, the court quashed the First Information Report (FIR) that had been registered against the accused. This decision underscores the importance of establishing the 'public view' element with concrete evidence of independent public presence when invoking the provisions of the SC/ST Act.