Social Justice & Welfare·Amendments

Special Courts — Amendments

Constitution VerifiedUPSC Verified
Version 1Updated 5 Mar 2026
AmendmentYearDescriptionImpact
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act2015This comprehensive amendment significantly strengthened the Special Courts framework by introducing mandatory establishment of Exclusive Special Courts in districts with substantial SC/ST population or high caseload, appointment of Exclusive Special Public Prosecutors, enhanced compensation mechanisms under new Section 15A, and stricter timelines for investigation (60 days) and trial completion (two years). The amendment also expanded the definition of atrocities and introduced new offences.The amendment transformed Special Courts from optional administrative arrangements to mandatory specialized judicial mechanisms with enhanced powers and resources. It improved case disposal rates in implementing states, increased compensation disbursement to victims, and created greater accountability in the criminal justice system's response to SC/ST atrocities. However, implementation remains uneven across states.
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act2018This amendment was passed by Parliament to restore the original provisions of the 1989 Act after the Supreme Court's Subhash Kashinath Mahajan judgment introduced preliminary inquiry requirements and anticipatory bail provisions. The amendment clarified that no preliminary inquiry is required before registering FIR and that anticipatory bail is not available for offences under the Act.The amendment restored the stringent protective framework intended by the original Act, ensuring that Special Courts operate under the original legislative intent of providing immediate and effective protection to SC/ST communities. It reinforced the exclusive and specialized nature of these courts while addressing concerns about potential misuse through other procedural safeguards.
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