Section 26D of The Securities Contracts (Regulation) Act, 1956
1[26D. Application of Code 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 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)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 provisions of the Code of Criminal Procedure, 1973 apply to all proceedings before a Special Court, unless the Act states otherwise.
- For the application of these criminal procedure rules, the Special Court is legally deemed to be a Court of Session.
- The person who conducts the prosecution before a Special Court is officially deemed to be a Public Prosecutor.
- This Public Prosecutor must fit the description of a Public Prosecutor under clause (u) of Section 2 of the Code of Criminal Procedure, 1973.
- To be qualified to conduct a prosecution, the person must have practiced as an advocate for at least seven years.
- Alternatively, the person is qualified if they have held a post under the Union or a State for at least seven years that required special knowledge of law.
Practical examples
FAQ
1. Which procedural code governs the trial proceedings before a Special Court under Section 26D?
Unless the Act says otherwise, the Code of Criminal Procedure, 1973 applies to all proceedings before a Special Court.
2. How is the person conducting the prosecution before a Special Court classified under the law?
The person conducting the prosecution is deemed to be a Public Prosecutor within the meaning of clause (u) of Section 2 of the Code of Criminal Procedure, 1973.
3. What is the minimum experience required for an advocate to conduct prosecution before a Special Court?
The advocate must have been in practice for not less than seven years.
4. Can a government officer who is not a practicing advocate conduct prosecution under Section 26D?
Yes, if the person has held a post under the Union or a State for at least seven years that required special knowledge of law.
5. What status is given to the Special Court when applying the Code of Criminal Procedure, 1973?
The Special Court is deemed to be a Court of Session.
Test yourself
Q1.Under Section 26D of The Securities Contracts (Regulation) Act, 1956, what is the minimum duration of practice required for an advocate to be qualified to conduct prosecution before a Special Court?
Q2.Under Section 26D of The Securities Contracts (Regulation) Act, 1956, a person conducting prosecution before a Special Court is deemed to be a Public Prosecutor under which specific cross-reference of the Code of Criminal Procedure, 1973?
Q3.Under Section 26D of The Securities Contracts (Regulation) Act, 1956, if a person has not practiced as an advocate, what alternative qualification makes them eligible to conduct prosecution before a Special Court?
Q4.Under Section 26D of The Securities Contracts (Regulation) Act, 1956, which works in tandem with the establishment of Special Courts under Section 26A, how is the status of a Special Court defined for the application of the Code of Criminal Procedure, 1973?