AI Overview...
Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989
- Main Points and Insights:
- The provision Section 3(2)(v) specifically addresses offences committed against members of Scheduled Castes (SCs) and Scheduled Tribes (STs), including acts of violence such as rape and murder, recognizing the aggravating factor of caste-based discrimination Bhupendra VS State of M. P. - Madhya Pradesh, Kallu Singh Son of Lalta Singh Thakur (In Jail) VS State of U. P. - Allahabad, S. Balaraman VS State, represented by the Deputy Superintendent of Police - Madras, Vinayak Bihari Alias Vinayak Sharma VS State - Uttarakhand, Anil Thakur VS State of Himachal Pradesh - Himachal Pradesh, VINAYAK BIHARI VS STATE - Uttarakhand, Ram Vishal Lohar VS State of U. P. - Allahabad.
- Several cases involve convictions under Section 376 IPC (rape) combined with Section 3(2)(v), emphasizing the law's focus on protecting SC/ST members from sexual violence and caste-based atrocities Kallu Singh Son of Lalta Singh Thakur (In Jail) VS State of U. P. - Allahabad, S. Balaraman VS State, represented by the Deputy Superintendent of Police - Madras, Vinayak Bihari Alias Vinayak Sharma VS State - Uttarakhand, Ram Vishal Lohar VS State of U. P. - Allahabad.
- In some instances, courts confirmed convictions under both sections, recognizing the gravity of caste-based crimes, while in others, convictions were set aside or acquittals ordered due to lack of evidence or procedural issues Anil Thakur VS State of Himachal Pradesh - Himachal Pradesh, Panchu Yadav VS State of Chhattisgarh - Chhattisgarh, PANCHU YADAV VS STATE OF C. G. - Chhattisgarh.
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The penalties and convictions under this section are often coupled with other IPC sections such as Section 302 (murder), highlighting the severity of offences committed against SC/ST individuals Ram Vishal Lohar VS State of U. P. - Allahabad.
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Analysis and Conclusion:
- The use of Section 3(2)(v) underscores the legal framework aimed at deterring caste-based atrocities, with courts consistently applying it in cases of violent crimes against SC/ST persons.
- Despite strong legal provisions, some cases reveal challenges in proof and procedural adherence, leading to acquittals or judicial review of convictions.
- Overall, the section serves as a crucial legal tool for addressing and punishing caste-related crimes, reflecting the judiciary's recognition of the specific vulnerabilities of SC/ST communities and the need for stringent safeguards Bhupendra VS State of M. P. - Madhya Pradesh.
References: - Bhupendra VS State of M. P. - Madhya Pradesh - Kallu Singh Son of Lalta Singh Thakur (In Jail) VS State of U. P. - Allahabad - S. Balaraman VS State, represented by the Deputy Superintendent of Police - Madras - Vinayak Bihari Alias Vinayak Sharma VS State - Uttarakhand - Anil Thakur VS State of Himachal Pradesh - Himachal Pradesh - VINAYAK BIHARI VS STATE - Uttarakhand - Panchu Yadav VS State of Chhattisgarh - Chhattisgarh - PANCHU YADAV VS STATE OF C. G. - Chhattisgarh - Ram Vishal Lohar VS State of U. P. - Allahabad
Search Results for "Section 3 2 Va Scheduled Castes"
2008 0 Supreme(MP) 363 • India - Madhya Pradesh
S.SAMVATSAR, SHEELA KHANNA
Act, 1989 - Summary of Acts and Sections: Section 436, Section 34, Section 3(2)(4) of Scheduled Castes and Scheduled Tribes (Prevention ... Conviction - Offence under Section 436 and Section 3(2)(4) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) ... C. and Section 3(2)(4) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Ac....
2017 0 Supreme(All) 2584 • India - Allahabad
PRASHANT KUMAR, ANIL KUMAR SRIVASTAVA II
Rape - Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act - Section 376 IPC, Section 506 IPC, Section 3( ... 2)(v) Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act - 3(2)(v) Fact of the Case: The victim ... , and the significance of the victim's membership in the Scheduled Caste i....
2009 0 Supreme(Mad) 1659 • India - Madras
C.NAGAPPAN, CHITRA VENKATARAMAN
RAPE - Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act - Section 376 IPC, Section 3(2)(v) of the Scheduled ... Section 376 IPC and Section 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, and the applicability ... 376 IPC and Section 3....
2004 0 Supreme(UK) 288 • India - Uttarakhand
M.M.GHILDIYAL, B.C.KANDPAL
Final Decision: The conviction under Section 376, I.P.C. was confirmed, while the conviction under Section 3(2)(v) of the ... 376, I.P.C. and Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 for raping a minor ... The court also found that the conviction under Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities ... In absence of th....
2015 0 Supreme(HP) 972 • India - Himachal Pradesh
RAJIV SHARMA, SURESHWAR THAKUR
Conviction - Offences - Section 376 IPC, Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities ... ) Act, 1989 - [Section 376 IPC, Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 ... The accused is acquitted of the charges framed under Section 376 IPC and Section 3(2)(v) of the Scheduled Castes and....
2004 0 Supreme(UK) 286 • India - Uttarakhand
M.M.GHILDIYAL, B.C.KANDPAL
C., Section 3 (2) (v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 - 376 IPC, 3 (2) (v) of the ... Final Decision: The appellant's conviction under Section 376 IPC was confirmed, while the conviction under Section 3 (2) ( ... C. and Section 3 (2) (v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 for raping ....
2008 0 Supreme(Chh) 212 • India - Chhattisgarh
RAJEEV GUPTA, SUNIL KUMAR SINHA, DILIP RAOSAHEB DESHMUKH
conviction under Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. ... C. and Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 - 302, 304, Part II, I. ... The court set aside the conviction under Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) ... Clause (v) of sub-section (#HL_S....
2008 0 Supreme(Chh) 213 • India - Chhattisgarh
RAJEEV GUPTA, S.K.SINHA
302 IPC and section 3(2)(V) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 for the death of the ... Additionally, the court set aside the conviction under section 3(2)(V) of the Scheduled Castes and Scheduled Tribes (Prevention of ... 300 IPC, and the lack of evidence for conviction under section 3(2)(V) of the Scheduled Castes and Scheduled Tribes (Prevention ... Clause (v) of subsection (#HL_STAR....
2019 0 Supreme(All) 2366 • India - Allahabad
RAM SURAT RAM (MAURYA), UMESH KUMAR
) Act, 1989 - Section 302 IPC, Section 3 (2) (v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989Fact of the Case: The appellant, Ram Vishal Lohar, appealed against his conviction under Section 302 IPC and Section 3 ... 3 (2) (v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. ... Ram Vishal Lohar [arising out of Case Crime No. 75 of 1999, under Section 3....
2024 0 Supreme(All) 101 • India - Allahabad
SUBHASH VIDYARTHI
Compromise - Quashing of Criminal Proceedings - Section 376 IPC, Section 3 (2) (v) of Scheduled Castes and ... Sachin Singh, arising out of Case Crime No. 29 of 2018, under Section 376 I.P.C. and Section 3 (2) (v) of Scheduled Castes and the ... Sachin Singh, arising out of Case Crime No. 29 of 2018, under Section 376 I.P.C. and Section #HL_STA....
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