Prohibition of Benami Property Transactions Act, 1988

Section 50: Special Courts under the PBPT Act

Section 50 of the Prohibition of Benami Property Transactions Act, 1988 provides for designated Special Courts to try offences punishable under the Act. It also regulates cognizance, permits connected offences to be tried at the same trial, and sets an objective of completing the trial within six months from the filing of the complaint.

Section 50 at a glance
  • The Central Government designates one or more Courts of Session as Special Courts.
  • Designation is made by notification after consultation with the Chief Justice of the relevant High Court.
  • A Special Court may also try connected offences chargeable at the same trial under the applicable criminal procedure law.
  • Cognizance of an offence under the PBPT Act requires a written complaint by the specified authority or an authorised Government officer.
  • Every endeavour should be made to conclude the trial within six months from the date of filing the complaint.

What does Section 50 provide?

Chapter VI of the PBPT Act deals with Special Courts. Section 50 creates the statutory framework for the criminal trial of offences under the Act. The present name of the principal legislation is the Prohibition of Benami Property Transactions Act, 1988. The extensive 2016 amendment introduced the modern adjudication, confiscation and prosecution framework, including Section 50.

Section 50 - statutory text

(1) The Central Government, in consultation with the Chief Justice of the High Court, shall, for trial of an offence punishable under this Act, by notification, designate one or more Courts of Session as Special Court or Special Courts for such area or areas or for such case or class or group of cases as may be specified in the notification.

(2) While trying an offence under this Act, a Special Court shall also try an offence other than an offence referred to in sub-section (1), with which the accused may, under the Code of Criminal Procedure, 1973, be charged at the same trial.

(3) The Special Court shall not take cognizance of any offence punishable under this Act except upon a complaint in writing made by -

(i) the authority; or

(ii) any officer of the Central Government or State Government authorised in writing by that Government by a general or special order made in this behalf.

(4) Every trial under this section shall be conducted as expeditiously as possible and every endeavour shall be made by the Special Court to conclude the trial within six months from the date of filing of the complaint.

Current criminal procedure note: The text of Section 50(2) continues to refer to the Code of Criminal Procedure, 1973. The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) came into force on 1 July 2024 and repealed the CrPC subject to its savings provisions. Accordingly, the statutory wording of Section 50 should be read together with the presently applicable criminal procedure law and the savings provisions governing pending matters.

How are Special Courts designated?

Section 50(1) requires the Central Government to act in consultation with the Chief Justice of the concerned High Court. The designated court must be a Court of Session. A notification may identify Special Courts by territorial area or by a particular case, class of cases or group of cases.

The Central Government issued a notification dated 16 October 2018 designating specified Courts of Session as Special Courts for areas stated in the notification.

Who can initiate prosecution before the Special Court?

Under Section 50(3), the Special Court cannot take cognizance of an offence punishable under the PBPT Act merely on any private complaint. Cognizance must be founded on a complaint in writing made by the statutory authority or by an officer of the Central Government or State Government who has been authorised in writing by a general or special order.

Can connected offences be tried together?

Yes. Section 50(2) permits the Special Court, while trying an offence under the PBPT Act, to also try another offence with which the accused may lawfully be charged at the same trial under the applicable criminal procedure framework. This provision is intended to avoid unnecessary fragmentation where charges are legally triable together.

Six-month objective for trial

Section 50(4) directs that every trial under the section should be conducted as expeditiously as possible and that every endeavour should be made to conclude the trial within six months from the filing of the complaint. The provision is therefore an express statutory direction toward speedy prosecution of offences under the Act.

Official sources

Law and links reviewed: 14 September 2026.