Prohibition of Benami Property Transactions Act, 1988
Section 51: Criminal Procedure Before Special Court under the Benami Act
Section 51 of the Prohibition of Benami Property Transactions Act, 1988 governs the procedural law applicable to proceedings before a Special Court and the status and qualification of Public Prosecutors and Special Public Prosecutors conducting prosecutions under the Act.
What does Section 51 of the Benami Act provide?
Section 51 is part of Chapter VI dealing with Special Courts. Its basic rule is that, except where the Benami Act itself provides otherwise, criminal procedure applies to proceedings before a Special Court. The provision also treats persons conducting the prosecution as Public Prosecutors and permits the Central Government to appoint a Special Public Prosecutor for a case or a class or group of cases.
The present statute is the Prohibition of Benami Property Transactions Act, 1988. The 2016 amendment substantially expanded the Act and changed its short title. Accordingly, Section 51 is more accurately described as Section 51 of the 1988 Act as amended by the Benami Transactions (Prohibition) Amendment Act, 2016.
Section 51 - Application of criminal procedure to proceedings before Special Court
(1) Save as otherwise provided in this Act, the provisions of the Code of Criminal Procedure, 1973, 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, and the provisions of that Code shall have effect accordingly.
The text above preserves the statutory reference to the Code of Criminal Procedure, 1973. That wording should be read with the legal transition to the Bharatiya Nagarik Suraksha Sanhita, 2023 discussed below.
CrPC reference in Section 51 after the BNSS came into force
Section 51 of the Benami Act still uses the words "Code of Criminal Procedure, 1973" in its text. For current interpretation, that reference cannot be read in isolation. Section 8 of the General Clauses Act, 1897 provides the general rule that where a Central Act repeals and re-enacts a provision, references in another enactment to the repealed provision are, unless a different intention appears, construed as references to the re-enacted provision.
Therefore, for proceedings arising after the commencement of the BNSS, the Section 51 procedural reference should be considered along with the corresponding BNSS framework and the General Clauses Act. For proceedings that were already pending immediately before 1 July 2024, Section 531 of the BNSS contains an express savings rule under which the specified pending proceeding continues under the CrPC as if the BNSS had not come into force.
This transition is important when drafting complaints, objections, applications, revisions or appeals involving a Special Court because the applicable procedural provision may depend on the date and procedural status of the matter.
Who can be appointed as Public Prosecutor or Special Public Prosecutor?
Section 51(2) lays down a specific minimum standing at the Bar for appointments made under this provision.
| Appointment under Section 51 | Minimum advocacy practice | Role |
|---|---|---|
| Public Prosecutor | Not less than 7 years | Conducts prosecution before the Special Court and is deemed to be a Public Prosecutor for the applicable criminal procedure law. |
| Special Public Prosecutor | Not less than 10 years | May be appointed by the Central Government for a particular case or for a class or group of cases. |
How Section 51 works with Section 50 Special Courts
Section 50 provides for designation of one or more Courts of Session as Special Courts for offences punishable under the Benami Act. It also deals with cognizance on a written complaint by the prescribed authority or an authorised government officer and states that trials should be conducted as expeditiously as possible.
Section 51 complements that provision. Section 50 identifies the court and the route by which prosecution reaches it; Section 51 determines the general criminal-procedure framework and the prosecutorial status of the persons conducting the case.
Official legal resources
For current statutory text and commencement details, verify the provision from official Government of India sources:
Note: This page is a general legal-information resource. Statutory text, amendments, notifications and procedural applicability should be verified from the latest official publication and the facts of the particular proceeding.