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may 2009

Supreme Court of India · 2009-05-08

STATE OF PUNJAB vs HARDIAL SINGH .

Citation / case number
SC 2006/15768
Court
Supreme Court of India
Petitioner
STATE OF PUNJAB
Respondent
HARDIAL SINGH .
Author
ARIJIT PASAYAT

Judgment text excerpt

The Supreme Court held that the investigation conducted by an officer not below the rank of Deputy Superintendent of Police, as mandated by Rule 7 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Rules, 1995, is only applicable to offences under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The Court clarified that the charges under the Indian Penal Code (Sections 364, 324, 323, 149, and 148 IPC) could still stand despite the High Court's conflicting order. The appeal was allowed to the extent that the investigation under the Act was deemed invalid, while those under the IPC were upheld.

STATE OF PUNJAB vs HARDIAL SINGH . · Niyam