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Supreme Court of India· 20 August 2026

Does quashing the charges under the SC/ST Act for want of 'public view' also affect separately registered charges under the Indian Penal Code arising from the same FIR?

RAMKRISHNA CHAUHAN v. STATE OF U.P. & ANR
2026 INSC 895 · SLP (CRIMINAL) No.5113 of 2023
Coram: Vikram Nath; Sandeep Mehta
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Answer

No. The proceedings under Sections 3(1)(r) and 3(1)(s) of the SC/ST Act stand quashed for want of the 'public view' ingredient, but the proceedings continue insofar as they relate to the remaining offences under the Indian Penal Code.

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 18In view of the above, the offences under Sections 3(1)(r) and 3(1)(s) of the SC/ST Act are not prima facie made out against the appellant. The summoning order dated 8th August, 2022, insofar as it relates to the aforesaid offences, therefore cannot be sustained.
Paragraph 19Accordingly, the appeal is allowed. The judgment and order dated 10th April, 2023 passed by the High Court of Judicature at Allahabad in Criminal Appeal No. 930 of 2023 is set aside. The proceedings arising out of CRL. APPEAL @ SLP (CRL) No.5113 of 2023 9 FIR No. 37 of 2020, insofar as they relate to the offences under Sections 3(1)(r) and 3(1)(s) of the SC/ST Act against the appellant, stand quashed. The proceedings shall, however, continue insofar as they relate to the remaining offences under IPC.
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, 1989

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Also decided in this judgment
Whether the material on record discloses the essential ingredients of Sections 3(1)(r) and 3(1)(s) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, particularly whether the alleged caste-based abuses were uttered at a place 'within public view'?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?
Plain-language answer prepared by the LexStreak Editorial Desk — verify against the judgment. Source: Supreme Court of India. Corrections