Assault On Woman And Caste/Based Abuse On Flyover Falls Within “Public View” Under SC/ST Act: Delhi HC [Read Judgment]

New Delhi: The Delhi High Court has observed that assaulting a woman and using caste-based remarks against her on a flyover constitutes an act committed “within public view,” thereby attracting provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Justice Ravinder Dudeja made this observation while dismissing the anticipatory bail plea of Virender Singh Bidhuri in connection with FIR No. 386/2025 registered at Police Station Badarpur under the provisions of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, and Sections 3(1)(r), (s), and (w-ii) of the SC/ST Act.

The complainant, an Assistant Manager at Batra Hospital, alleged that the petitioner intercepted her car on the Badarpur Flyover, broke the window, dragged her out, assaulted and molested her, and verbally abused her, using caste-based slurs such as, “Ch*ran, tune aaj meri shikayat karke achha nahi kiya.” She stated that the incident occurred in public view and that several people had gathered at the spot.

The petitioner, represented by Senior Advocate K.K. Manan, contended that he had been falsely implicated and that the relationship between the parties was consensual, as evidenced by WhatsApp chats and call records. It was further argued that there were no independent witnesses to corroborate the alleged casteist remarks, and that the essential ingredients of an offence under Section 3 of the SC/ST Act were not made out.

The State opposed the plea, arguing that the allegations disclosed a clear offence of caste-based insult and assault within public view, and that anticipatory bail was barred by Sections 18 and 18-A of the Act. The complainant also appeared through video conferencing and opposed the plea, expressing apprehension of threat and harassment.

After examining the record, the Court noted that the incident took place on a public road and was visible to others, fulfilling the “public view” requirement. It further held that the allegations, on their face, disclosed a prima facie offence under the SC/ST Act, thereby attracting the statutory bar against anticipatory bail.

Justice Dudeja observed, “The alleged incident took place on the road on a flyover, which could be viewed by anybody… The ingredients necessary to prima facie constitute an offence under Section 3 of the SC/ST Act, 1989 stand satisfied.”

Concluding that the statutory bar under Section 18 applied, the Court dismissed the anticipatory bail plea.

The order clarified that nothing stated therein shall be construed as an expression on the merits of the case.

Case Title: Virender Singh Bidhuri v. State (NCT of Delhi) & Anr.

[Read Judgment]