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Sohanvir @ Sohanvir Dhama vs. State of U.P.

Not available · 2025 INSC 1397Decided 8 Dec 2025
Not available
Justice Vikram Nath · Justice Sandeep Mehta

Background

The complainant, a woman from a Scheduled Caste who worked as a sweeper, alleged that the appellant (her employer) and his family members abused, assaulted, and made unwanted advances toward her, and that when she fled to her house, they followed her inside and hurled caste-based abuses at her there. Based on her complaint, a trial court summoned the appellants for offences under Sections 323 and 504 IPC and Section 3(1)(s) of the SC/ST Act (caste-based abuse in a place within public view). The appellants' challenge to the summoning order was dismissed by the Allahabad High Court, which held the incident had occurred partly in public view. The appellants then appealed to the Supreme Court.

Decision Breakdown

The Supreme Court examined the complaint itself and found that the alleged caste-based abuses were stated to have occurred inside the complainant's house, not in a place accessible to or visible by the public. Relying on its precedents in Hitesh Verma v. State of Uttarakhand and Karuppudayar v. State, the Court reiterated that for Section 3(1)(s) of the SC/ST Act to apply, the abuse must occur somewhere the public can witness or hear it: a private residence does not qualify. Since this essential ingredient was missing on the face of the complaint, the Court held the SC/ST Act charge could not be sustained and quashed proceedings under that provision, while allowing the trial to continue on the remaining IPC charges (Sections 323 and 504).

Lesson Learnt

A charge under Section 3(1)(s) of the SC/ST Act requires that caste-based abuse actually occur in a place within public view: abuse uttered inside a private home, even if otherwise offensive, does not meet this specific legal requirement and that part of the case can be quashed at the threshold.

Official source (sci.gov.in)View Judgment (PDF)

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