Friday, 19 June 2020

Whether Special Court/ Session court can take direct cognizance of offence under SC & ST Atrocities Act?

Subs. by Act 1 of 2016, S. 8 (w.e.f. 26-1-2016). SC & ST Atrocities amendment Act
[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.
As per recent amendment Session court can take direct cognizance of offence under SC &ST Atrocities Act without case being committed by Magistrate.
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