The Supreme Court has held that insult or intimidation of a SC-ST person within the four walls of the building, is not an offence under Scheduled Caste and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.
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In this case, the FIR stated that the accused entered illegally in to the victim's building and started hurling abuses and used castes' remarks/abuses etc.
The court noted that the basic ingredients of the offence under Section 3(1)(r) of the Act can be classified as :
1) intentionally insults or intimidates with intent to humiliate a member of a Scheduled Caste or a Scheduled Tribe and
2) in any place within public view.
The bench added, if the remark is made inside a building, but some members of the public are there (not merely relatives or friends) then it would not be an offence since it is not in the public view.