Supreme Court of India· 20 August 2026
Does an enclosed room inside school premises, with no window or public access, satisfy the 'within public view' requirement under Sections 3(1)(r) and 3(1)(s) of the SC/ST Act, where no witness establishes the utterance was heard from outside?
RAMKRISHNA CHAUHAN v. STATE OF U.P. & ANR
2026 INSC 895 · SLP (CRIMINAL) No.5113 of 2023
Coram: Vikram Nath; Sandeep Mehta
Answer
No. The room being enclosed with no window or public access, and no witness establishing presence inside the room or that the utterance was heard, the essential requirement of public view is not satisfied merely because the occurrence was within the school premises.
Headnote
Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 — Section 3(1)(r) — Section 3(1)(s) — Within public view — Quashing of proceedings —
SC/ST Act, 1989 — s.3(1)(r), s.3(1)(s) — 'Within public view' — Meaning —
Held: 'Within public view' under Sections 3(1)(r) and 3(1)(s) of the SC/ST Act requires an open place where the public can witness or hear the utterance, not an enclosed space the public cannot access. (¶10, 11)
SC/ST Act, 1989 — s.3(1)(r), s.3(1)(s) — Quashing — IPC charges unaffected —
On facts, held: the alleged abuse occurred inside an enclosed room with no public access; the essential ingredient of public view is not satisfied, the SC/ST Act charges are quashed, and the proceedings continue for the remaining offences under the Indian Penal Code. Appeal allowed. (¶12, 15, 18, 19)
In the Court's own words
Paragraph 12Tested on this principle, the prosecution case does not satisfy the statutory requirement. The FIR does not state that the alleged caste-based abuses were uttered in the presence or hearing of members of the public. On the contrary, the incident is alleged to have occurred inside a room in the school. The site plan dated 25th February, 2020 prepared by the Investigating Officer identifies the place of occurrence as room “A”. The material on record indicates that the room was enclosed and had no window or public access.
Paragraph 15None of these witnesses stated that they were present inside the office when the alleged caste-based abuses were uttered or that they heard any caste-based words. While they stated that they were present in the school, their statements do not establish that they witnessed or heard the alleged caste-based abuse. Their mere presence in the school premises, therefore, does not establish that the alleged utterance was made within public view. Learned counsel appearing for the respondent-State could not demonstrate anything to the contrary.
Paragraph 17The finding of the High Court that the incident occurred within public view cannot be sustained on the material placed on record. The requirement of “public view” depends upon whether the alleged utterance was made in circumstances in which members of the public could witness or hear it. The mere fact that the occurrence took place within the premises of a school does not, by itself, satisfy this requirement. In the present case, the FIR and the site plan place the occurrence inside an enclosed room, while the statements of the witnesses do not establish that they were present inside the room or that they heard the alleged caste-based utterances. The material on record, therefore, does not establish that the alleged utterances were made in the presence or hearing of members of the public. The essential requirement of “public view” is consequently not satisfied.
Acts & Sections
Section 3(1)(r) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989Section 3(1)(s) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989Section 14A(1) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989One judgment a day. That's the whole habit.
Read the full text of RAMKRISHNA CHAUHAN v. STATE OF U.P. & ANR — and get the Supreme Court's output as a five-minute daily read, with plain-language headnotes and the questions each judgment settles.
Create my free accountFree forever plan · 30 seconds · data stays in India
Open the full judgment →