Tuesday, 24 March 2026

Supreme Court: When a person ceased to be a member of the Scheduled Caste community upon his conversion to Christianity, he cannot subsequently invoke provisions of SC/ST(Atrocities) Act

A. Offences alleged under the SC/ST Act

60) At the very outset, it must be unequivocally stated that the offences registered under the SC/ST Act against respondent nos. 2 to 7 at the instance of the appellant cannot be sustained. Having already held that the appellant ceased to be a member of the Scheduled Caste community upon his conversion to Christianity, he cannot subsequently invoke the provisions of the SC/ST Act. The said statute is a special legislation enacted with the avowed object of preventing atrocities against the members of the Scheduled Castes and Scheduled Tribes and once the foundational requirement of caste status stands extinguished, the statutory protection thereunder is no longer available.

61) Therefore, we are of the view that the High Court was right in holding that the appellant has ceased to be a member of the Scheduled Caste on his conversion to Christianity. Accordingly, the appellant cannot be a person aggrieved under the SC/ST Act.

REPORTABLE

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 1580 OF 2026

CHINTHADA ANAND  Vs STATE OF ANDHRA PRADESH

Author: PRASHANT KUMAR MISHRA, J.

Citation:  2026 INSC 283.

Dated: MARCH 24, 2026.

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Sunday, 22 March 2026

Organised Crime under BNS and MCOCA: Common Core, Different Reach

 The easiest way to remember organised crime under BNS and MCOCA is this: both laws do not punish a single stray offence; they target a continuing criminal enterprise connected with a syndicate. In both, the prosecution must show repeated serious unlawful activity, nexus with an organised crime syndicate, prior charge-sheets within ten years, and use of unlawful means for unlawful gain or advantage.

 BNS has largely borrowed the structural idea from MCOCA, but BNS makes it part of the general penal law and gives a broader illustrative list of organised crimes. MCOCA remains a special, stricter State law model, while BNS is wider in catalogue and also separately recognizes petty organised crime under Section 112.

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Organised Crime after the BNS: Expansion, Ambiguity and the Lessons of MCOCA

 The concept of organised crime in Indian criminal law now stands at an important transition point: MCOCA supplied a narrowly structured special-law model, while Section 111 of the BNS imports that model into the general penal code and simultaneously expands its textual reach. This shift is significant, because a framework designed for exceptional, syndicate-based criminality now risks becoming a broadly deployable prosecutorial tool unless courts insist on strict statutory discipline and precise evidentiary thresholds.

I. The shared architecture: continuity, syndicate, coercive means, unlawful gain

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Judging with Sensitivity, Deciding with Precision: Appreciation of Evidence in POCSO Trials


The success of a POCSO trial often depends not merely on what evidence is produced, but on how that evidence is appreciated. In cases of child sexual abuse, the courtroom must remain a place of legal discipline, yet the judicial process must also respond to the realities of childhood, trauma, delayed disclosure, and the absence of conventional forms of corroboration.

For the legal fraternity, this branch of adjudication presents a delicate responsibility. The court must protect the child from the injustice of disbelief rooted in misunderstanding, while equally safeguarding the accused from conviction unsupported by legally acceptable proof.
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