Mere abuse does not amount to an offence under the SC/ST Act unless it is caste-based, holds Supreme Court

New Delhi – The Supreme Court of India has held that merely abusing a person who belongs to a Scheduled Caste or Scheduled Tribe does not, by itself, constitute an offence under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The Court clarified that it must be specifically alleged and established that the abuse or insult was intentional and was directed at the victim on the basis of his caste.

The Supreme Court made this observation while quashing criminal proceedings against one Keshav Mahato, a resident of Bihar, who had been accused of abusing a Scheduled Caste individual at an anganwadi centre.

1.Examining the charge sheet, the Court noted that there was no allegation that Mahato had abused the complainant because of his caste or that he had intentionally insulted him by referring to his caste name. The Bench observed that in the absence of such specific allegations, the essential ingredients of an offence under the SC/ST Act were not satisfied.

2.The Court categorically stated that two conditions must be fulfilled to attract the provisions of the SC/ST (Prevention of Atrocities) Act. First, the victim must be a member of a Scheduled Caste or Scheduled Tribe. Second, the insult or intimidation must be intentional and must be clearly rooted in the caste identity of the victim. The Court held that unless it is shown that the accused deliberately insulted or intimidated the complainant solely because he belonged to a Scheduled Caste or Scheduled Tribe, an offence under the Act cannot be made out.

Supreme Court of India clarifies SC/ST Act ⚖️

Mere abuse is not an offence under the SC/ST Act.

To invoke the law, there must be clear intent to insult or intimidate specifically on the basis of caste.

Intent matters. Justice over rhetoric. ✅

PC: @ZeeNewsEnglish pic.twitter.com/3PSsUEZOKZ

— Sanatan Prabhat (@SanatanPrabhat) January 21, 2026

Error by trial court and High Court

Keshav Mahato had approached the Supreme Court challenging a February 2025 order of the Patna High Court, which had declined to interfere with the summons issued by the trial court.

Allowing the appeal, the Supreme Court held that both the trial court and the Patna High Court had committed an error in permitting the proceedings under the SC/ST Act to continue, despite the absence of any allegation that the abuse or intimidation was caste-based. The Court accordingly quashed the criminal proceedings against the appellant.