Special Courts Under SC/ST Act Empowered To Take Direct Cognizance Of IPC Offences: Allahabad HC [Read Judgment]
4 years, 9 months ago

Special Courts Under SC/ST Act Empowered To Take Direct Cognizance Of IPC Offences: Allahabad HC [Read Judgment]

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The Allahabad High Court has held that Special Courts under the SC/ST Act are empowered to take direct cognizance of offences committed under IPC and committal of the case to it by a magistrate under Section 193 of CrPC is not a mandatory precondition. The court noted that the SC/ST Act has been amended and a proviso had been appended to Section 14 of the Act empowering the Special Court to take direct cognizance of offence under IPC. "In the present case, the offence under section 3 of the SC/ST Act is alleged to have been committed along with offence under section 302 IPC, therefore, it would result in failure of justice if a separate Sessions Court be asked to decide the offence under section 302 IPC while the Special Court be allowed to hold trial for offence under section 3 of SC/ST Act. But even if, the bench said, what has been mentioned in the ruling was taken into consideration in the present case, "I find that the entire evidence has already been collected in this case and it is thereafter that the accused has resorted to this objection that the case was not committed to the Special Court, hence it did not have power to try this case, I do not see any prejudice to have been caused to the accused nor do I see that failure of justice would occur in this case because the Special Court created under section 14 of the SC/ST Act is also conferred with the power of Sessions Judge."

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History of this topic

SC/ST Act Offences | Plea U/S 482 CrPC Maintainable When Entire Case Proceedings Are Challenged: Allahabad HC Answers Reference
1 month, 1 week ago

SC/ST Act Offences | Plea U/S 482 CrPC Maintainable When Entire Case Proceedings Are Challenged: Allahabad HC Answers Reference

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The Allahabad High Court has observed that when a challenge lies to the entire proceeding of a case registered under the SC/ST Act, the High Court could entertain the case under its inherent jurisdiction under Section 482 CrPC to secure the end of justice.The Court held that there could be no hard and fast rule regarding the interference of the …

Court Can't Add Or Subtract Sections In Police Report While Taking Cognizance Of Offences U/S 190 CrPC: Allahabad HC
6 months, 2 weeks ago

Court Can't Add Or Subtract Sections In Police Report While Taking Cognizance Of Offences U/S 190 CrPC: Allahabad HC

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The Allahabad High Court has observed that the offences cannot be added or subtracted by the concerned Magistrate or Judge in the police report when they are being considered under Section 190 CrPC. To hold thus, the Court relied upon the Judgment of the Top Court in the case of State Of Gujarat vs Girish Radhakishan Varde wherein it was …

SC-ST Act| Intention To Humiliate Victim On Account Of Him/Her Belonging To SC-ST Community Is A Must To Implicate Accused: Allahabad HC
1 year, 2 months ago

SC-ST Act| Intention To Humiliate Victim On Account Of Him/Her Belonging To SC-ST Community Is A Must To Implicate Accused: Allahabad HC

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The Allahabad High Court recently observed that to implicate an accused under the Scheduled Castes and Scheduled Tribes Act, 1989, what is necessary is that the offended words must have been used against the victim with intent to humiliate her/him because of her/him belonging to SC/ST community. With this, the Court set aside a cognizance order passed by the Special …

SC/ST Act | Desirable To Outline Caste Related Utterances In FIR Or Chargesheet Before Subjecting Accused To Trial: Supreme Court
1 year, 7 months ago

SC/ST Act | Desirable To Outline Caste Related Utterances In FIR Or Chargesheet Before Subjecting Accused To Trial: Supreme Court

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Before subjecting an accused to a trial for alleged commission of offence under Section 3 of the the Scheduled Castes and the Scheduled Tribes Act, 1989, it is desirable that the caste related utterances are outlined either in the FIR or, atleast, in the chargesheet, said the Supreme Court recently. “Since section 18 of the SC/ST Act bars invocation of …

Sections 4 And 5 Of CrPC Do Not Apply To Offences Under IPC: Allahabad High Court
2 years, 6 months ago

Sections 4 And 5 Of CrPC Do Not Apply To Offences Under IPC: Allahabad High Court

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The Allahabad High Court has held that the provisions of Sections 4 and 5 of the CrPC do not apply to offencs committed under the Indian Penal Code and that these provisions are applicable when any special act comes into operation.The Division Bench of Justice Kaushal Jayendra Thaker and justice Gautam Chowdhary passed this order while hearing a petition filed …

Special Leave To Appeal U/S 378 (4) CrPC Can Be Granted Only When View Of Acquitting Judge Is Unreasonable: Allahabad HC
2 years, 10 months ago

Special Leave To Appeal U/S 378 (4) CrPC Can Be Granted Only When View Of Acquitting Judge Is Unreasonable: Allahabad HC

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The Allahabad High Court on Wednesday observed that special leave to appeal as envisaged under Section 378 of the Code Of Criminal Procedure could be granted by the High Court only where the view taken by acquitting judge is clearly unreasonable.The Bench of Justice Mohd. The Allahabad High Court on Wednesday observed that special leave to appeal as envisaged under …

SC/ST Act Offences - Petition U/S 482 CrPC Not Maintainable Against The Order Taking Cognizance; Only Appeal U/S 14A(1) Maintainable": Allahabad High Court
3 years, 2 months ago

SC/ST Act Offences - Petition U/S 482 CrPC Not Maintainable Against The Order Taking Cognizance; Only Appeal U/S 14A(1) Maintainable": Allahabad High Court

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The Allahabad High Court on Tuesday held that an Application U/s 482 Cr.P.C. can't be filed against a cognizance order passed by Special Judge in an SC/ST Act Offence and that against such an order, only an appeal shall lie before the High Court under Section 14A of the S.C./S.T. In this matter, an application under 482 CrPC was moved …

Offences Committed Outside India: Previous Sanction Of Central Govt U/S 188 CrPC Not Required At The Stage Of Cogizance But Trial Can't Be Commenced Without It: SC
3 years, 5 months ago

Offences Committed Outside India: Previous Sanction Of Central Govt U/S 188 CrPC Not Required At The Stage Of Cogizance But Trial Can't Be Commenced Without It: SC

Live Law  

The Supreme Court observed that the trial of the criminal case against an Indian citizen for offences committed outside India cannot commence without sanction of the Central Government under Section 188 of the Code of Criminal Procedure.But such previous sanction is not required at the stage of cognizance, the bench comprising Justices L. Nageswara Rao and Aniruddha Bose said.In this …

Special Court Can Take Cognizance Of An Offence Without Committal If The Special Act Empowers It To Do So: SC [Read Judgment]
5 years, 5 months ago

Special Court Can Take Cognizance Of An Offence Without Committal If The Special Act Empowers It To Do So: SC [Read Judgment]

Live Law  

When there is express provision in the Special Act empowering the Special Court to take cognizance of an offence without the accused being committed, it cannot be said that taking cognizance of offence by Special Court is in violation of Section 193 of the Code of Criminal Procedure, 1973, the Supreme Court has held on Tuesday.In this case, the High …

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