Caste-Based Abuse Within Chamber Of Govt Officer When No One Else Was Present Not SC/ST Act Offence : Supreme Court

The Supreme Court today (January 31) quashed a case under the SC/ST (Prevention of Atrocities) Act against an individual who was accused of abusing a public servant using his caste name in a government office.

The bench comprising Justices BR Gavai and AG Masih observed that no prima facie case was made out against the Appellant for allegedly insulting the public servant using his caste name inside the government office because caste-based abuse inside a private office does not qualify as an offence under Sections 3(1)(r) & 3(1)(s) unless it occurs in public view.

“It could thus be seen that, to be a place 'within public view', the place should be open where the members of the public can witness or hear the utterance made by the accused to the victim. If the alleged offence takes place within the four corners of the wall where members of the public are not present, then it cannot be said that it has taken place at a place within public view.”, the court observed.

The Court stated since the incident took place within the four corners of the wall of the government office, not accessible in public view, therefore the Court held that no offence under Sections 3(1)(r) & 3(1)(s) was committed.

Background

The case stems out of the incident that happened inside the private chamber of the Revenue Inspector-complainant in the government office, where the Appellant upon knowing the caste of the complainant remarked that “if you people are appointed in Government service you all will do like this only…”. Thereafter, he scolded the complainant calling his caste name, and insulted him using vulgar words.

Following the incident, other colleagues of the complainant came, pacified the Appellant, and took him away. After the High Court refused to quash the case, the Appellant appealed to the Supreme Court.

Section 3(1)(r) penalizes intentional insult or intimidation of an SC/ST member with intent to humiliate in public view. Section 3(1)(s) penalizes caste-based abuse of an SC/ST member in public view.

The Court noted that no offence of caste-based abuse was made out of the incident that took place within the four corners of the complainant's chamber when no one was present. It was only after the occurrence of the incident that the colleagues of the complainant came and took him away.

“It is thus clear that even as per the FIR, the incident has taken place within the four corners of the chambers of the complainant. The other colleagues of the complainant arrived at the scene after the occurrence of the incident.”

“We are, therefore, of the considered view that since the incident has not taken place at a place which can be termed to be a place within public view, the offence would not come under the provisions of either Section 3(1)(r) or Section 3(1)(s) of the SC-ST Act.”

Reference was drawn to the cases of Swaran Singh v. State (2008) 8 SCC 435 and Hitesh Verma v. State of Uttarakhand (2020) 10 SCC 710 where the Court interpreting the term “any place within public view” observed that if the abuse happens inside a private office or home with no public present, it may not be considered "within public view" to held a person liable for a caste-based offence under the Sections 3(1)(r) or Section 3(1)(s) of the SC/ST Act.

Consequently, the Court allowed the appeal, and set aside the High Court's decision refusing to quash the criminal case against the Appellant.

Accordingly, the appeal was allowed.

Case Title: Karuppudayar v. State

Citation : 2025 LiveLaw (SC) 133

Click here to read/download the judgment