Section 51
Application of Code of Criminal Procedure, 1973 to proceedings before Special Court. Repealed
The Prohibition of Benami Property Transactions Act, 1988
About this Act
An Act to prohibit benami transactions and the right to recover property held benami and for matters connected therewith or incidental thereto.
1[51. Application of Code of Criminal Procedure, 1973 to proceedings before Special Court.--(1)
Save as otherwise provided in this Act, the provisions of the Code of Criminal Procedure, 1973
(2 of 1974), shall apply to the proceedings before a Special Court and the persons conducting the
prosecution before the Special Court, shall be deemed to be Public Prosecutors:
Provided that the Central Government may also appoint for any case or class or group of cases, a Special Public Prosecutor.
(2) A person shall not be qualified to be appointed as a Public Prosecutor or a Special Public Prosecutor under this section unless, the Public Prosecutor has been in practice as an advocate for not less than seven years, and the Special Public Prosecutor has been in practice as an advocate for not less than ten years in any court.
(3) Every person appointed as a Public Prosecutor or a Special Public Prosecutor under this section shall be deemed to be a Public Prosecutor within the meaning of clause (u) of section 2 of the Code of Criminal Procedure, 1973 (2 of 1974) and the provisions of that Code shall have effect accordingly.]
Provided that the Central Government may also appoint for any case or class or group of cases, a Special Public Prosecutor.
(2) A person shall not be qualified to be appointed as a Public Prosecutor or a Special Public Prosecutor under this section unless, the Public Prosecutor has been in practice as an advocate for not less than seven years, and the Special Public Prosecutor has been in practice as an advocate for not less than ten years in any court.
(3) Every person appointed as a Public Prosecutor or a Special Public Prosecutor under this section shall be deemed to be a Public Prosecutor within the meaning of clause (u) of section 2 of the Code of Criminal Procedure, 1973 (2 of 1974) and the provisions of that Code shall have effect accordingly.]
Notes
1. Ins. by s. 9, ibid. (w.e.f. 1-11-2016).