Section 14A of The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989
1 [14A. Appeals.--(1) Notwithstanding anything contained in the Code of Criminal Procedure,1973 (2 of 1974), an appeal shall lie, from any judgment, sentence or order, not being an interlocutory order, of a Special Court or an Exclusive Special Court, to the High Court both on facts and on law.
- (2)Notwithstanding anything contained in sub-section (3) of section 378 of the Code of Criminal Procedure, 1973 (2 of 1974), an appeal shall lie to the High Court against an order of the Special Court or the Exclusive Special Court granting or refusing bail.
- (3)Notwithstanding anything contained in any other law for the time being in force, every appeal under this section shall be preferred within a period of ninety days from the date of the judgment, sentence or order appealed from: Provided that the High Court may entertain an appeal after the expiry of the said period of ninety days if it is satisfied that the appellant had sufficient cause for not preferring the appeal within the period of ninety days: Provided further that no appeal shall be entertained after the expiry of the period of one hundred and eighty days.
- (4)Every appeal preferred under sub-section (1) shall, as far as possible, be disposed of within a period of three months from the date of admission of the appeal.]br
Summary
- This section provides the rules for appealing decisions made by Special Courts or Exclusive Special Courts.
- All appeals against judgments, sentences, or bail decisions go directly to the High Court, and can cover both facts and law.
- The High Court should aim to decide the appeal within three months of admitting it.
Practical examples
FAQ
1. Where do I appeal a Special Court decision under Section 14A of the SC/ST Prevention of Atrocities Act?
Under Section 14A of the SC/ST Prevention of Atrocities Act, an appeal against any judgment, sentence, or order goes directly to the High Court.
2. Can I appeal a bail rejection under Section 14A of the 1989 Atrocities Act?
Yes, Section 14A of the 1989 Atrocities Act specifically allows appeals to the High Court against an order granting or refusing bail.
3. What is the normal time limit to file an appeal under Section 14A of the Scheduled Castes and Scheduled Tribes Act?
The normal time limit under Section 14A of the Scheduled Castes and Scheduled Tribes Act is ninety days from the date of the judgment, sentence, or order.
4. What is the maximum possible extension for an appeal under Section 14A of the SC/ST Act?
Section 14A of the SC/ST Act states that no appeal shall be entertained after the expiry of one hundred and eighty days.
Test yourself
Q1.Under Section 14A of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, an appeal against a Special Court's judgment lies to which court?
Q2.According to Section 14A of the 1989 Atrocities Act, what is the absolute maximum time limit for filing an appeal, beyond which the court cannot entertain it?
Q3.Under Section 14A of the SC/ST Prevention of Atrocities Act, 1989, how quickly should the High Court try to dispose of an appeal after it is admitted?
Q4.If a State Government establishes a court under Section 14 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, and that court refuses bail to an accused, to which body does the accused appeal the bail refusal under Section 14A?
Q5.Section 14A of the Prevention of Atrocities Act, 1989 states that an appeal to the High Court can be based on what grounds?