Breaking SUPREME COURT REAFFIRMS PUBLIC DOMAIN PROTECTION FOR DIGITAL LAWS
New Delhi · Sunday, 13 September 2026 9888666310 | [email protected]
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Supreme Court of India 2026-05-11 allowed

Gunjan @ Girija Kumari and Ors vs State (NCT of Delhi) and Anr

Bench: 2 — Prashant Kumar Mishra, N.V. Anjaria

In Brief

This case involved a family dispute over ancestral property between brothers—one belonging to a Scheduled Caste and his brother married to a woman from an upper caste. The complainant alleged casteist abuses during an altercation at their shared residence in Delhi. The trial court and High Court framed charges under the SC/ST (Prevention of Atrocities) Act and IPC. The Supreme Court quashed the FIR, holding that the essential requirement of "public view" was absent. Since the incident occurred inside a private residential building with only family members and friends present, it did not meet the legal threshold for the offense. The Court clarified that "public view" means visibility to members of the general public, not merely to friends or relatives. Even if abuse occurred, without the public-view element, the offence under the SC/ST Act cannot be established.

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Criminal Law Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 Criminal Intimidation Constitutional Law Caste Discrimination Place Within Public View

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