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Monday, June 3

Application of S. 3 of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989

Ravinder Singh vs. Sukhbir Singh & Ors, Criminal Appeal No. 67 of 2013, Decided on 11th January, 2013


The Appellant filed two criminal writs on same facts, concealing the fact of filing first criminal writ in the second criminal writ. The Appellant alleged that his advocate without his consent filed the second writ. The High Court accepted the apology of advocate and closed the matter.

The Respondent No. 1 filed complaint under section 3 of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the Appellant. The matter came before Supreme Court.

The Hon’ble Supreme Court interpreted the words ‘False, malicious and vexatious’ used in section 3 of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989, and held:

‘False’

The dictionary meaning of word `false’ means that, which is in essence, incorrect, or purposefully untrue, deceitful etc. Thus, the word ‘false’, is used to cover only unlawful falsehood. It means something that is dishonestly, untrue and deceitful, and implies an intention to perpetrate some treachery or fraud. In jurisprudence, the word ‘false’ is used to characterise a wrongful or criminal act, done intentionally and knowingly, with knowledge, actual or constructive. The word false may also be used in a wide or narrower sense. When used in its wider sense, it means something that is untrue whether or not stated intentionally or knowingly, but when used in its narrower sense, it may cover only such falsehoods, which are intentional. The question whether in a particular enactment, the word false is used in a restricted sense or a wider sense, depends upon the context in which it is used”. [Para 11]

The Court also referred following case law:

Commissioner of Sales Tax, Uttar Pradesh v. Sanjiv Fabrics, (2010) 9 SCC 630, wherein this Court, after relying upon certain legal dictionaries, explained that the word false describes an untruth, coupled with wrong intention or an intention to deceive. The Court further held that in case of criminal prosecution, where consequences are serious, findings of fact must be recorded with respect to mens rea in case a falsehood as a condition precedent for imposing any punishment.

‘Malicious act’

“Legitimate indignation does not fall within the ambit of a malicious act. In almost all legal inquiries, intention as distinguished from motive is the all important factor. In common parlance, a malicious act has been equated with an intentional act without just cause or excuse”. [Para 14]

“Mala fides, where it is alleged, depends upon its own facts and circumstances, in fact has to be proved. It is a deliberate act in disregard of the rights of others. It is a wrongful act done intentionally without just cause or excuse.” [Para 16]

The Court also referred following case laws:

West Bengal State Electricity Board v. Dilip Kumar Ray, AIR 2007 SC 976, wherein the SC dealt with the term “malicious prosecution” by referring to various dictionaries etc. as : ‘Malice in the legal sense imports (1) the absence of all elements of justification, excuse or recognised mitigation, and (2) the presence of either (a) an actual intent to cause the particular harm which is produced or harm of the same general nature, or (b) the wanton and wilful doing of an act with awareness of a plain and strong likelihood that such harm may result. ‘MALICE’ consists in a conscious violation of the law to the prejudice of another and certainly has different meanings with respect to responsibility for civil wrongs and responsibility for crime. Malicious prosecution means - a desire to obtain a collateral advantage. The principles to be borne in mind in the case of actions for malicious prosecutions are these:—Malice is not merely the doing of a wrongful act intentionally but it must be established that the defendant was actuated by malus animus, that is to say, by spite or ill will or any indirect or improper motive. But if the defendant had reasonable or probable cause of launching the criminal prosecution no amount of malice will make him liable for damages. Reasonable and probable cause must be such as would operate on the mind of a discreet and reasonable man; ‘malice’ and ‘want of reasonable and probable cause,’ have reference to the state of the defendant's mind at the date of the initiation of criminal proceedings and the onus rests on the plaintiff to prove them.

Kumaon Mandal Vikas Nigam Ltd. v. Girja Shankar Pant & Ors., AIR 2001 SC 24)
State of Punjab v. V.K. Khanna & Ors., AIR 2001 SC 343
State of A.P. & Ors. v. Goverdhanlal Pitti, AIR 2003 SC 1941
Prabodh Sagar v. Punjab SEB & Ors., AIR 2000 SC 1684;
Chairman and MD, BPL Ltd. v. S.P. Gururaja & Ors., AIR 2003 SC 4536).

‘Vexatious’

“The word "vexatious" means ‘harassment by the process of law', 'lacking justification' or with 'intention to harass'. It signifies an action not having sufficient grounds, and which therefore, only seeks to annoy the adversary. The hallmark of a vexatious proceeding is that it has no basis in law (or at least no discernible basis); and that whatever the intention of the proceeding may be, its only effect is to subject the other party to inconvenience, harassment and expense, which is so great, that it is disproportionate to any gain likely to accrue to the claimant; and that it involves an abuse of process of the court. Such proceedings are different from those that involve ordinary and proper use of the process of the court.” [Para 17]

The court on the facts of the case held:

“In the event that the appellant preferred an application for the purpose of quashing the FIR lodged by respondent no.1, and was unsuccessful therein, the same does not mean that the appellant had filed a false case against respondent No. 1. There is a difference between the terms `not proved’ and `false’. Merely because a party is unable to prove a fact, the same cannot be categorized as false in each and every case. [Para 13]

The Court also referred following case laws:

Masumsha Hasanasha Musalman v. State of Maharashtra, AIR 2000 SC 1876, this Court has dealt with the application of the provisions of the Act 1989, and held that merely because the victim/complainant belongs to a Scheduled Caste or Scheduled Tribe, the same cannot be the sole ground for prosecution, for the reason that the offence mentioned under the said Act 1989 should be committed against him on the basis of the fact that such a person belongs to a Scheduled Caste or Scheduled Tribe. In the absence of such ingredient, no offence under Section 3 (2)(v) of the Act is made out.


A. Abdul Rashid Khan (dead) & Ors. v. P.A.K.A. Shahul Hamid & Ors., (2000) 10 SCC 636)

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