Kerala High Court: Presence of Public, Not Nature of Place, Determines 'Public View' Under SC/ST Act

The Kerala High Court has held that for offences under Sections 3(1)(r) and 3(1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, the crucial consideration is whether members of the public were present to witness or overhear the alleged caste-based abuse, and not whether the incident occurred in a public or private place.

Justice A. Badharudeen made the observation while dismissing an appeal seeking anticipatory bail in a case involving allegations of caste abuse and physical assault during a temple festival in Kollam district. The accused argued that the offences under the SC/ST Act were not attracted as there was no proof that he knew the complainant's caste identity and that the alleged incident did not occur in a place within public view.

Rejecting the contention, the Court noted that the prosecution specifically alleged that the complainant was addressed by his caste name. Referring to Section 8(c) of the SC/ST Act, the Court observed that knowledge of the victim's caste identity is presumed where circumstances indicate familiarity, subject to rebuttal during trial.

On the requirement of "public view", the Court clarified that even a private place may qualify if third parties are present and able to witness or hear the abusive remarks. Since multiple witnesses stated that they overheard the alleged abuse during a temple festival attended by the public, the Court found a prima facie case under the SC/ST Act and held that the statutory bar on anticipatory bail was attracted.