Section 26D of The Securities and Exchange Board of India Act, 1992
- (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 for the purposes of the said provisions, the Special Court shall be deemed to be a Court of Session and the person conducting prosecution before a Special Court 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).
- (2)The person conducting prosecution referred to in sub-section (1) should have been in practice as an advocate for not less than seven years or should have held a post, for a period of not less than seven years, under the Union or a State, requiring special knowledge of law.
Summary
- The rules from the Code of Criminal Procedure, 1973 apply to proceedings taking place before a Special Court, unless the law specifically states otherwise.
- For the purpose of these procedural rules, the Special Court is treated legally as a Court of Session (a district-level criminal court).
- The person running the prosecution in a Special Court is deemed to be a Public Prosecutor (a lawyer representing the state), as defined in clause (u) of section 2 of the Code of Criminal Procedure, 1973.
- To act as this prosecutor, a person must have practiced as an advocate for at least seven years.
- Alternatively, the person must have held a post under the Union or a State government that requires special knowledge of law for a period of at least seven years.
Practical examples
FAQ
1. What set of rules applies to the proceedings in a Special Court?
The proceedings are guided by the provisions of the Code of Criminal Procedure, 1973, unless the Act explicitly provides a different rule.
2. How does the law categorize a Special Court for procedural purposes?
The law deems a Special Court to be a Court of Session.
3. How much legal experience does someone need to prosecute cases in a Special Court?
The person must have either practiced as an advocate for at least seven years or held a government post requiring special legal knowledge for at least seven years.
4. Does the prosecutor have a specific legal title during these proceedings?
Yes, they are deemed to be a Public Prosecutor within the meaning of clause (u) of section 2 of the Code of Criminal Procedure, 1973.
Test yourself
Q1.Under Section 26D of The Securities and Exchange Board of India Act, 1992, what is the legal effect of cross-referencing clause (u) of section 2 of the Code of Criminal Procedure, 1973 for a person conducting a prosecution?
Q2.Under Section 26D of The Securities and Exchange Board of India Act, 1992, which type of court is a Special Court legally deemed to be for the purpose of applying procedural rules?
Q3.Under Section 26D of The Securities and Exchange Board of India Act, 1992, what is the minimum required duration for an advocate to have practiced before they can conduct a prosecution in a Special Court?
Q4.Under Section 26D of The Securities and Exchange Board of India Act, 1992, if a person is not an advocate, what alternative qualification allows them to conduct prosecutions before a Special Court?