Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) (Karnataka Amendment) Act, 2002*
| [Karnataka Act No. 35 of 2003] | [13th August, 2003] |
An Act to amend the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 in its application to the State of Karnataka.
Whereas it is expedient to amend the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (Central Act 33 of 1989) in its application to the State of Karnataka for the purposes hereinafter appearing:
Be it enacted by the Karnataka State Legislature in the fifty third year of the Republic of India as follows:-
* Received the assent of the President of India on the 13th day of August, 2003 and First published in the Karnataka Gazette Exra-ordinary on the 22nd day of August, 2003
STATEMENT OF OBJECTS AND REASONS
In pursuance of section 14 of SC and ST's (Prevention Atrocities) Act, 1989, the State Government by way of notification can specify Special Courts for speedy trial of the offences. As per section 14 of the said Act, the Government has already issued notification specifying the concerned District Session Courts and Additional District Session Courts as special Courts for the purpose. The FIRs and Charge Sheets in all cases under this Act were so far being filed directly in the Special Courts which were taking congnizance thereof and trying the cases. But section 193 of the Cr. P.C. imposes an interdict/restriction on Session Courts against taking cognizance of any offence as a court of original jurisdiction without the case being committed to it by the Magistrate.
In recent judgement in Criminal Appeal No. 94 of 2000, the Hon'ble Supreme Court has held that special Courts under the said Act being the Court of Sessions cannot take cognizance of the cases directly, since section 193 of the Criminal Procedure code imposes an interdict of Courts of sessions against taking cognizance of any offence as a Court of original jurisdiction, without the case being committed to it by the Magistrate. Accordingly the specified Courts have to function.
Considering the delay in the trial of cases under the said Act, the Government have decided to make suitable amendment to section 14 of the said Act, by authorising the original jurisdiction of the courts to the Courts of Sessions, for the speedy trial/disposal of the cases registered in Special Courts.
Hence the Bill.
[L.A. Bill No. 7 of 2002]
[Entry 2 and 46 of List-III of Seventh Schedule to the Constitution of India]
1. Short title and commencement.- (1) This Act may be called the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) (Karnataka Amendment) Act, 2002.
(2) It shall come into force on such 1[date] as the State Government may, by notification in the Official Gazette appoint.
1. The Act has come into force on 30th day of September 2003, (Notification No. HD 247 PCR 2000(P) dated 30.9.2003)
2. Amendment of section 14.- In section 14 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (Central Act 33 of 1989), for the words "to try offences under this Act", the words "to take cognizance of offences under this Act as a court of original jurisdiction and to try such offences" shall be substituted.