Section 14 SC/ST Act: Special Court and Exclusive Special Court

Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989

Section 14 SC/ST Act at a Glance

Section 14 SC/ST Act requires the State Government to establish Exclusive Special Courts or specify Courts of Session as Special Courts for speedy trials. These courts take cognizance directly and must complete trials within 2 months, as far as possible.

Section 14 SC/ST Act Bare Act Text

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.

Amendments to this section
  • Subs. by Act 1 of 2016, s. 8, for s. 14 (w.e.f. 26-1-2016).

Section 14 SC/ST Act in Simple Words

Section 14 SC/ST Act provides for setting up Exclusive Special Courts and specifying Special Courts so that offences under the SC/ST Act receive a speedy trial. Under Section 14(1) SC/ST Act, the State Government must establish an Exclusive Special Court for one or more districts, with the concurrence (agreement) of the Chief Justice of the High Court and by notification in the Official Gazette (the government's official publication for legal notices).

Under the first proviso to Section 14(1) SC/ST Act, in districts where a smaller number of cases under the SC/ST Act is recorded, the State Government must instead specify the Court of Session for those districts to be a Special Court to try offences under the Act, again with the concurrence of the Chief Justice of the High Court and by Official Gazette notification. Under the second proviso to Section 14(1) SC/ST Act, both Exclusive Special Courts established and Special Courts specified under Section 14(1) have the power to directly take cognizance of offences under the Act (meaning the court can formally take judicial notice of an offence directly to begin trial proceedings).

Under Section 14(2) SC/ST Act, it is the duty of the State Government to establish an adequate number of courts to ensure that cases under the Act are disposed of within 2 months, as far as possible. Under Section 14(3) SC/ST Act, in every trial in a Special Court or an Exclusive Special Court, proceedings must continue from day to day until all witnesses in attendance have been examined, unless the court finds an adjournment beyond the next day necessary for reasons recorded in writing. Under the proviso to Section 14(3) SC/ST Act, when a trial relates to an offence under the Act, the trial must, as far as possible, be completed within 2 months from the date of filing of the charge sheet.

Appeals from decisions of these courts lie to the High Court under Section 14A SC/ST Act, and prosecutors for these courts are specified or appointed under Section 15 SC/ST Act. Section 14 SC/ST Act was substituted by Act 1 of 2016 with effect from 26 January 2016.

When Section 14 SC/ST Act Applies

  • The State Government, with the concurrence of the Chief Justice of the High Court and by Official Gazette notification, must establish an Exclusive Special Court for one or more districts.
  • In districts where fewer cases under the SC/ST Act are recorded, the State Government must, with the same concurrence and Official Gazette notification, specify the Court of Session to be a Special Court.
  • Exclusive Special Courts and Special Courts have the power to directly take cognizance of offences under the SC/ST Act.
  • The State Government must establish an adequate number of courts so that cases under the Act are disposed of within 2 months, as far as possible.
  • Trial proceedings must continue from day to day until all witnesses in attendance have been examined, unless the court records written reasons why adjournment beyond the next day is necessary.
  • A trial for an offence under the SC/ST Act must, as far as possible, be completed within 2 months from the date of filing of the charge sheet.

Example of Section 14 SC/ST Act

For a district in Chhattisgarh including Raipur, the State Government, with the concurrence of the Chief Justice of the High Court, establishes an Exclusive Special Court by notification in the Official Gazette. After the police file a charge sheet alleging an offence under Section 3 SC/ST Act by Venkatesh against Rukmini, a member of a Scheduled Caste, the Exclusive Special Court directly takes cognizance of the offence under Section 14(1) SC/ST Act. When Rukmini and two other witnesses attend court for the trial, the Exclusive Special Court continues the hearing from day to day under Section 14(3) SC/ST Act until all witnesses in attendance have been examined. On a later hearing date when an adjournment beyond the next day becomes necessary, the judge records the reasons in writing. Following the proviso to Section 14(3) SC/ST Act, the Exclusive Special Court works to complete the trial within 2 months from the date of filing of the charge sheet, as far as possible.

When Section 14 SC/ST Act Does Not Apply

  • Under the first proviso to Section 14(1) SC/ST Act, an Exclusive Special Court is not established for districts where a smaller number of cases under the Act is recorded; instead, the Court of Session is specified as a Special Court.
  • Under Section 14(3) SC/ST Act, the rule requiring day-to-day continuation of trial proceedings until all witnesses in attendance have been examined does not apply when the Special Court or Exclusive Special Court finds an adjournment beyond the next day necessary for reasons recorded in writing.

FAQs on Section 14 SC/ST Act

What is Section 14 SC/ST Act?▼

Section 14 SC/ST Act is the provision under which State Governments establish Exclusive Special Courts or specify Courts of Session as Special Courts for speedy trials of offences under the SC/ST Act. It gives these courts power to directly take cognizance, requires day-to-day examination of witnesses in attendance, and sets a target of 2 months from the filing of the charge sheet to complete trials, as far as possible.

Who establishes an Exclusive Special Court or specifies a Special Court under Section 14 SC/ST Act?▼

The State Government. Under Section 14(1) SC/ST Act, the State Government establishes an Exclusive Special Court for one or more districts, or specifies the Court of Session as a Special Court in districts with fewer recorded cases, by Official Gazette notification with the concurrence of the Chief Justice of the High Court.

Can a Special Court or Exclusive Special Court directly take cognizance of offences under Section 14 SC/ST Act?▼

Yes. Under the second proviso to Section 14(1) SC/ST Act, both Exclusive Special Courts established and Special Courts specified under Section 14(1) have the power to directly take cognizance of offences under the SC/ST Act.

Within how much time must a trial be completed under Section 14 SC/ST Act?▼

2 months, as far as possible. Under the proviso to Section 14(3) SC/ST Act, when a trial relates to an offence under the Act, the trial must, as far as possible, be completed within 2 months from the date of filing of the charge sheet.

Can a Special Court adjourn a trial beyond the next day while witnesses are in attendance under Section 14 SC/ST Act?▼

Yes, if necessary for written reasons. Under Section 14(3) SC/ST Act, trial proceedings must continue from day to day until all witnesses in attendance have been examined, unless the Special Court or Exclusive Special Court finds adjournment beyond the next day necessary for reasons recorded in writing.

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Sources: Bare Act Text, Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 ·