Supreme Court Clarifies “Public View” Requirement Under SC/ST Act

FIR & Chargesheet Quashed in Family Dispute Case

In a significant judgment delivered on 11 May 2026, the Supreme Court of India quashed criminal proceedings initiated under Sections 3(1)(r) and 3(1)(s) of the SC/ST Act, holding that the alleged caste-based abuses were not made “in any place within public view,” which is a mandatory ingredient for attracting offences under the Act.

The judgment was delivered in Gunjan @ Girija Kumari & Others vs State (NCT of Delhi) & Another, Criminal Appeal No. 2446 of 2026 arising out of SLP (Crl.) No. 9198 of 2025.

Background of the Case

The dispute arose among family members regarding ancestral property situated at Hari Nagar and Ramesh Nagar, Delhi. The complainant alleged that on 28.01.2021, the accused persons abused him using caste-related words such as “chura,” “chamar,” “harijan,” etc., and threatened him. An FIR was registered at Kirti Nagar Police Station under Sections 3(1)(r), 3(1)(s) of the SC/ST Act and Section 506 read with Section 34 IPC.

The Trial Court framed charges against the accused persons, and the Delhi High Court upheld the order while dismissing the revision petition filed by the accused.

Supreme Court’s Analysis

The Supreme Court examined the scope of Sections 3(1)(r) and 3(1)(s) of the SC/ST Act and reiterated that one essential ingredient of the offence is that the alleged insult or caste-based abuse must occur “in any place within public view.”

The Court relied upon earlier landmark judgments including:

1. Swaran Singh vs State
2. Hitesh Verma vs State of Uttarakhand
3. Karuppudayar vs State

The Court explained that:

1. A private place can still become “within public view” if members of the public are able to witness or hear the incident.
2. However, if the alleged incident occurs within the four walls of a house and no independent public persons are present, the requirement of “public view” is not satisfied.

Why the FIR Was Quashed

The Supreme Court noted several important deficiencies in the prosecution case:

1. Incident Occurred Inside a Residential House

The FIR itself showed that the alleged incident occurred inside a private residence among family members.

2. No Public Witnesses

There was no allegation that any independent member of the public witnessed the incident. Even the witnesses named in the case were merely friends of the complainant and their statements did not establish that they actually saw the alleged caste-based abuse.

3. “Public View” Ingredient Missing

The Court held that since the occurrence was not shown to be in a place within public view, a mandatory requirement of Sections 3(1)(r) and 3(1)(s) was absent.

4. Criminal Intimidation Not Made Out

Regarding Section 506 IPC, the Court observed that the prosecution failed to show any “intent to cause alarm,” which is an essential ingredient of criminal intimidation. The Court also found no material showing common intention under Section 34 IPC.

Important Legal Principle Laid Down

The Supreme Court emphasized that merely using abusive caste-related words is not sufficient by itself to attract offences under the SC/ST Act unless the prosecution establishes that:

1. the insult was intentional,
2. aimed at humiliating a member of SC/ST community, and
3. occurred in a place within public view.

The Court clarified that “public place” and “place within public view” are different concepts. Even a private property may fall within public view if outsiders can witness the occurrence. However, a purely private residential setting without public presence would not satisfy the statutory requirement.

Final Verdict

Allowing the appeal, the Supreme Court:

1. set aside the Delhi High Court judgment,
2. quashed the Trial Court’s charge-framing orders,
3. quashed FIR No. 42/2021 and the entire criminal proceedings against the accused persons.

Legal Significance of the Judgment

This judgment is expected to have a major impact on future SC/ST Act prosecutions involving:

1. family disputes,
2. property conflicts,
3. incidents occurring inside private residences.

The ruling reinforces that courts must carefully examine whether the mandatory statutory ingredients of the offence are actually disclosed in the FIR before permitting criminal prosecution to continue.

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2026 INSC 468

https://api.sci.gov.in/supremecourt/2025/27865/27865_2025_15_1501_71008_Judgement_11-May-2026.pdf