Section 15 SC/ST Act: Special Public Prosecutor and Exclusive Public Prosecutor

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

Section 15 SC/ST Act at a Glance

Section 15 SC/ST Act requires the State Government to notify prosecutors to conduct cases in every Special Court and Exclusive Special Court. Any advocate appointed to either post must have practised as an advocate for at least 7 years.

Section 15 SC/ST Act Bare Act Text

15. Special Public Prosecutor and Exclusive Public Prosecutor.

(1) For every Special Court, the State Government shall, by notification in the Official Gazette, specify a Public Prosecutor or appoint an advocate who has been in practice as an advocate for not less than seven years, as a Special Public Prosecutor for the purpose of conducting cases in that Court.

(2) For every Exclusive Special Court, the State Government shall, by notification in the Official Gazette, specify an Exclusive Special Public Prosecutor or appoint an advocate who has been in practice as an advocate for not less than seven years, as an Exclusive Special Public Prosecutor for the purpose of conducting cases in that Court.

Amendments to this section
  • Subs. by s.10, ibid., for s. 15 (w.e.f. 26-1-2016).

Section 15 SC/ST Act in Simple Words

Section 15 SC/ST Act requires the State Government to put prosecutors in place to conduct cases in every Special Court and Exclusive Special Court established or specified under Section 14 SC/ST Act. Every specification or appointment under Section 15 SC/ST Act must be made by notification in the Official Gazette (the government's official publication for legal notices).

Under Section 15(1) SC/ST Act, for every Special Court, the State Government must either specify a Public Prosecutor as a Special Public Prosecutor, or appoint an advocate who has practised as an advocate for at least 7 years as a Special Public Prosecutor, for the purpose of conducting cases in that Special Court.

Under Section 15(2) SC/ST Act, for every Exclusive Special Court, the State Government must either specify an Exclusive Special Public Prosecutor, or appoint an advocate who has practised as an advocate for at least 7 years as an Exclusive Special Public Prosecutor, for the purpose of conducting cases in that Exclusive Special Court. Section 15 SC/ST Act was substituted by Act 1 of 2016 with effect from 26 January 2016. Section 14A SC/ST Act covers appeals from Special Courts and Exclusive Special Courts, while Section 15A SC/ST Act deals with the rights of victims and witnesses.

When Section 15 SC/ST Act Applies

  • For every Special Court, the State Government must, by Official Gazette notification, specify a Public Prosecutor or appoint a qualifying advocate as a Special Public Prosecutor.
  • For every Exclusive Special Court, the State Government must, by Official Gazette notification, specify an Exclusive Special Public Prosecutor or appoint a qualifying advocate as an Exclusive Special Public Prosecutor.
  • Any advocate appointed under Section 15(1) or Section 15(2) SC/ST Act must have practised as an advocate for at least 7 years.
  • The prosecutor is specified or appointed for the purpose of conducting cases in that Special Court or Exclusive Special Court.

Example of Section 15 SC/ST Act

In Tamil Nadu, an Exclusive Special Court is operating in Salem and a Court of Session has been specified as a Special Court for a nearby district under Section 14 SC/ST Act. To provide a prosecutor for the Special Court under Section 15(1) SC/ST Act, the State Government publishes a notification in the Official Gazette appointing Tanvi, an advocate who has practised as an advocate for 9 years, as the Special Public Prosecutor to conduct cases in that court. For the Exclusive Special Court in Salem, the State Government issues an Official Gazette notification under Section 15(2) SC/ST Act appointing Naveen, an advocate who has practised as an advocate for 11 years, as the Exclusive Special Public Prosecutor. Because both Tanvi and Naveen meet the minimum requirement of 7 years as practising advocates, both appointments satisfy Section 15 SC/ST Act.

FAQs on Section 15 SC/ST Act

What is Section 15 SC/ST Act?▼

Section 15 SC/ST Act is the provision requiring the State Government to notify a Special Public Prosecutor for every Special Court and an Exclusive Special Public Prosecutor for every Exclusive Special Court to conduct cases in those courts. The State Government does so by Official Gazette notification, either by specifying a prosecutor or by appointing an advocate who has practised as an advocate for at least 7 years.

How many years must an advocate have practised to be appointed under Section 15 SC/ST Act?▼

7 years or more. Under both Section 15(1) and Section 15(2) SC/ST Act, an advocate appointed as a Special Public Prosecutor or an Exclusive Special Public Prosecutor must have practised as an advocate for not less than 7 years.

Who appoints a Special Public Prosecutor or Exclusive Special Public Prosecutor under Section 15 SC/ST Act?▼

The State Government. Under Section 15 SC/ST Act, the State Government specifies or appoints the prosecutor by publishing a notification in the Official Gazette.

Can the State Government specify a Public Prosecutor as a Special Public Prosecutor under Section 15(1) SC/ST Act?▼

Yes. Under Section 15(1) SC/ST Act, for every Special Court, the State Government may either specify a Public Prosecutor or appoint a qualifying advocate as a Special Public Prosecutor by Official Gazette notification.

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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 ·