Section 14 of The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989
1 [14. Special Court and Exclusive Special Court.--(1) For the purpose of providing for speedy trial, the State Government shall, with the concurrence of the Chief Justice of the High Court, by notification in the Official Gazette, establish an Exclusive Special Court for one or more Districts: Provided that in Districts where less number of cases under this Act is recorded, the State Government shall, with the concurrence of the Chief Justice of the High Court, by notification in the Official Gazette, specify for such Districts, the Court of Session to be a Special Court to try the offences under this Act: Provided further that the Courts so established or specified shall have power to directly take cognizance of offences under this Act.
- (2)It shall be the duty of the State Government to establish adequate number of Courts to ensure that cases under this Act are disposed of within a period of two months, as far as possible.
- (3)In every trial in the Special Court or the Exclusive Special Court, the proceedings shall be continued from day-to-day until all the witnesses in attendance have been examined, unless the Special Court or the Exclusive Special Court finds the adjournment of the same beyond the following day to be necessary for reasons to be recorded in writing:] Provided that when the trial relates to an offence under this Act, the trial shall, as far as possible, be completed within a period of two months from the date of filing of the charge sheet. STATE AMENDMENT Karnataka Amendment of section 14.--In section 14 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (Central Act 33 of 1989), for the words “to try offences under this Act”, the words “to take cognizance of offences under this Act as a court of original jurisdiction and to try such offences” shall be substituted. [Vide Karnataka Act 35 of 2003, s. 2 ]
Summary
- This section directs the State Government to set up Exclusive Special Courts or designate Special Courts for speedy trials of offences under this law.
- The State Government must get the agreement of the Chief Justice of the High Court before establishing these courts.
- These specific courts have the power to take up cases directly, without waiting for a magistrate to forward the case to them.
- Trials must run day-to-day until all witnesses are examined, unless the court records a specific reason for a delay.
- The state must create enough courts to try to finish cases within two months, and trials should ideally be completed within two months of the charge sheet being filed.
Practical examples
FAQ
1. Who sets up the trial courts under Section 14 of the Scheduled Castes and Scheduled Tribes Act?
Under Section 14 of the Scheduled Castes and Scheduled Tribes Act, the State Government establishes them with the concurrence of the Chief Justice of the High Court.
2. How fast should trials finish according to Section 14 of the Prevention of Atrocities Act, 1989?
According to Section 14 of the Prevention of Atrocities Act, 1989, trials should be completed within a period of two months from the date of filing the charge sheet, as far as possible.
3. Can a Special Court directly start a trial under Section 14 of the SC/ST Atrocities Act?
Yes, Section 14 of the SC/ST Atrocities Act states that the established or specified courts have the power to directly take cognizance of offences.
4. What happens if a district has very few cases under Section 14 of the 1989 Act?
Section 14 of the 1989 Act says that in districts with fewer cases, the State Government shall specify an existing Court of Session to be a Special Court.
Test yourself
Q1.Under Section 14 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, whose concurrence is required for the State Government to establish an Exclusive Special Court?
Q2.What type of existing court can be specified as a Special Court in districts with fewer cases, according to Section 14 of the SC/ST Act 1989?
Q3.According to Section 14 of the Prevention of Atrocities Act, 1989, what is the target timeframe for completing a trial after the charge sheet is filed?
Q4.Under Section 14 of the 1989 Atrocities Act, what is the general rule for examining witnesses during a trial?