sc & st act
sai suresh
(Querist) 27 February 2010
This query is : Resolved
U/s.3(1)(X)of sc and st act, it is stated that the occurance should have taken place in public view in any place. My question is when an official abuses a co worker or sub ordinate inside his official cabin, is it a place of public view?. what is the exact meaning of public view?. In the instant case 3 staffs have been roped in as eye witnesses. But in the complaint, he has only stated that the accused abused him by calling by caste, he never told who witnessed the occurance. only in the 161 statement and while deposing in the court he developed theory. when few staffs alleged to have witnessed the occurance, whether they will be treated as public? or Private?
regards
sai suresh
Raj Kumar Makkad
(Expert) 27 February 2010
Public view means in the presence of 2 or more persons but in the given case though it is an offence but the same is not covered in public view hence not triable under section 3(1)(X)of sc and st act.
sai suresh
(Querist) 27 February 2010
thank you Mr.raj kumar. kindly go through my ammended query and reply
regards
sai suresh
adv. rajeev ( rajoo )
(Expert) 28 February 2010
only 161 statement and his evidence cannot be believed, because evidence of those persons necessary.
Whether there name appears in the charge sheet as wittness or not?
Guest
(Expert) 01 March 2010
the expression "public view" has been prefixed by the preposition "within" which in fact follows the expression "in any place" and therefore the incidence of insult or intimidation has to occur in a place accessible to and in the presence of the public. The presence of both these
ingredients would be absolutely necessary to constitute an offence under the said provision of law.
Swaran Singh vs. State 2009 (2)
Mh.L.J. 22. In paragraph 28 of the reported case, expression "public view" was
considered by the Apex Court. It has been observed thus;
" It has been alleged in the FIR that Vinod Nagar, the first informant, was
insulted by appellants 2 and 3 (by calling him a "Chamar") when he stood near
the car which was parked at the gate of the premises. In our opinion, this was
certainly a place within public view, since the gate of house is certainly a
place within public view. It could have been a different matter had the alleged
offence been committed inside the building and also was not in the public view.
However, if the offence is committed outside the building e.g. in a lawn outside
a house, and the law can be seen by someone from the road or lane outside the
boundary wall, the lawn would certainly be a place within the public view. Also
even if the remark is made inside a building, but some members of the public are
there (not merely relatives or friends) then also it would be an offence since
it is a public view with the expression "public place." A place can be a private
place but yet within the public view. On the other hand, a public place would
ordinarily mean a place which is owned or leased by the Government or the
municipality (or other local body) or gaon sabha or an instrumentality of the
State, and not by private persons or private bodies." 9
