Section 74:
Special courts and Public Prosecutor.
(1) Notwithstanding anything contained in this Act or in
the Code of Criminal Procedure, 1973 (2 of 1974), the Central Government or the State Government in
their respective jurisdictions may, if consider expedient and necessary in the public interest, for the
purposes of the trial of offences relating to grievous injury or death of the consumer for which
punishment of imprisonment for more than three years has been prescribed under this Act, constitute, by
notification in the Official Gazette, as many Special Courts with the concurrence of the Chief Justice of
the High Court as may be necessary for such area or areas and for exercising such jurisdiction, as may be
specified in the notification.
(2) A Special Court may, on its own motion, or on an application made by the Public Prosecutor and
if it considers it expedient or desirable so to do, sit for any of its proceedings at any place other than its
ordinary place of sitting.
(3) The trial under this Act of any offence by a Special Court shall have precedence over the trial of
any other case against the accused in any other court (not being a Special Court) and shall be concluded in
preference to the trial of such other case and accordingly the trial of such other case shall remain in
abeyance.
(4) For every Special Court, the Central Government or the State Government, as the case may be,
shall appoint a person to be the Public Prosecutor and may appoint more than one person to be the
Additional Public Prosecutors:
Provided that the Central Government or the State Government, as the case may be, may also appoint
for any case or class or group of cases, a Special Public Prosecutor.
(5) A person shall not be qualified to be appointed as a Public Prosecutor or an Additional Public
Prosecutor or a Special Public Prosecutor under this section unless he has been in practice as an Advocate
for not less than seven years or has held any post, for a period of not less than seven years, under the
Union or a State, requiring special knowledge of law.