Section 14A SC/ST Act: Appeals

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

Section 14A SC/ST Act at a Glance

Section 14A SC/ST Act provides for appeals to the High Court against judgments, sentences, non-interlocutory orders, and bail orders of Special Courts and Exclusive Special Courts. Appeals must be filed within 90 days, or up to 180 days for sufficient cause.

Section 14A SC/ST Act Bare Act Text

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.

Amendments to this section

Ins. by Act 1 of 2016, s. 9 (w.e.f. 26-1-2016).

Section 14A SC/ST Act in Simple Words

Section 14A SC/ST Act governs appeals to the High Court from decisions of a Special Court or an Exclusive Special Court set up under Section 14 SC/ST Act. Under Section 14A(1) SC/ST Act, overriding anything contained in the Code of Criminal Procedure, 1973, an appeal lies to the High Court both on facts and on law from any judgment, sentence, or order of a Special Court or an Exclusive Special Court, except an interlocutory order. The Act still refers to the Code of Criminal Procedure, 1973, which the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) replaced from 1 July 2024.

Under Section 14A(2) SC/ST Act, overriding Section 378(3) of the Code of Criminal Procedure, 1973, an appeal also lies to the High Court against an order of a Special Court or an Exclusive Special Court granting bail or refusing bail.

Section 14A(3) SC/ST Act sets time limits for appeals that override any other law in force. Every appeal under Section 14A SC/ST Act must be preferred within 90 days from the date of the judgment, sentence, or order appealed from. Under the first proviso to Section 14A(3) SC/ST Act, the High Court may entertain an appeal after the period of 90 days if satisfied that the appellant had sufficient cause for not preferring the appeal within 90 days. Under the second proviso to Section 14A(3) SC/ST Act, no appeal can be entertained after the expiry of 180 days.

Under Section 14A(4) SC/ST Act, every appeal preferred under Section 14A(1) SC/ST Act must, as far as possible, be disposed of within 3 months from the date of admission of the appeal. Section 14A SC/ST Act was inserted by Act 1 of 2016 with effect from 26 January 2016.

When Section 14A SC/ST Act Applies

The decision challenged is a judgment, sentence, or non-interlocutory order (under Section 14A(1)), or an order granting or refusing bail (under Section 14A(2)), of a Special Court or an Exclusive Special Court.
The appeal lies to the High Court, and an appeal under Section 14A(1) SC/ST Act lies both on facts and on law.
Every appeal under Section 14A SC/ST Act must be preferred within 90 days from the date of the judgment, sentence, or order appealed from.
After 90 days, the High Court may entertain the appeal only if satisfied that the appellant had sufficient cause for the delay, and no appeal can be entertained after 180 days have expired.
Every appeal preferred under Section 14A(1) SC/ST Act must, as far as possible, be disposed of within 3 months from the date of admission of the appeal.

Example of Section 14A SC/ST Act

In Nagpur, a Special Court convicts Ravindra of an offence under Section 3 SC/ST Act against Biju, a member of a Scheduled Caste, and passes a judgment and sentence. Under Section 14A(1) SC/ST Act, Ravindra files an appeal to the High Court challenging the Special Court's judgment and sentence both on facts and on law. Ravindra files the appeal within 45 days from the date of the judgment, well inside the limit of 90 days set by Section 14A(3) SC/ST Act. Once the High Court admits the appeal, Section 14A(4) SC/ST Act directs that the appeal be disposed of within 3 months from the date of admission, as far as possible.

When Section 14A SC/ST Act Does Not Apply

Under Section 14A(1) SC/ST Act, no appeal lies to the High Court from an interlocutory order of a Special Court or an Exclusive Special Court.
Under Section 14A(3) SC/ST Act and its first proviso, an appeal filed after 90 days from the date of the judgment, sentence, or order is not entertained unless the High Court is satisfied that the appellant had sufficient cause for not preferring it within 90 days.
Under the second proviso to Section 14A(3) SC/ST Act, no appeal can be entertained after the expiry of 180 days.

FAQs on Section 14A SC/ST Act

What is Section 14A SC/ST Act?▼

Section 14A SC/ST Act is the provision governing appeals to the High Court from judgments, sentences, non-interlocutory orders, and bail orders passed by a Special Court or an Exclusive Special Court. It sets a filing limit of 90 days, permits extension for sufficient cause up to an outer limit of 180 days, and sets a disposal target of 3 months from admission for appeals under Section 14A(1) SC/ST Act, as far as possible.

Which court hears an appeal against a bail order of a Special Court under Section 14A SC/ST Act?▼

The High Court. Under Section 14A(2) SC/ST Act, an appeal lies to the High Court against an order of a Special Court or an Exclusive Special Court granting or refusing bail.

What is the time limit to file an appeal under Section 14A SC/ST Act?▼

90 days. Under Section 14A(3) SC/ST Act, every appeal under Section 14A must be preferred within 90 days from the date of the judgment, sentence, or order appealed from, though the High Court may entertain an appeal up to 180 days if satisfied there was sufficient cause for the delay.

Can the High Court entertain an appeal after 180 days under Section 14A SC/ST Act?▼

No. Under the second proviso to Section 14A(3) SC/ST Act, no appeal can be entertained after the expiry of 180 days.

Does an appeal lie against an interlocutory order under Section 14A(1) SC/ST Act?▼

No. Section 14A(1) SC/ST Act expressly excludes interlocutory orders from the orders of a Special Court or Exclusive Special Court that can be appealed to the High Court.

Within how much time should the High Court dispose of an appeal under Section 14A(1) SC/ST Act?▼

3 months, as far as possible. Under Section 14A(4) SC/ST Act, every appeal preferred under Section 14A(1) must, as far as possible, be disposed of within 3 months from the date of admission of the appeal.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

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