Benami property proceedings apply the Criminal Procedure Code and designate prosecutors as public prosecutors with set qualifications. The Code of Criminal Procedure, 1973 applies to proceedings before a Special Court under the Act; prosecutors before the Special Court are deemed Public Prosecutors, and the Central Government may appoint a Special Public Prosecutor. Eligibility requires practice as an advocate for at least seven years for a Public Prosecutor and ten years for a Special Public Prosecutor, and appointees are deemed Public Prosecutors within clause (u) of section 2 of the Code so that its procedural provisions apply.
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Provisions expressly mentioned in the judgment/order text.
Benami property proceedings apply the Criminal Procedure Code and designate prosecutors as public prosecutors with set qualifications.
The Code of Criminal Procedure, 1973 applies to proceedings before a Special Court under the Act; prosecutors before the Special Court are deemed Public Prosecutors, and the Central Government may appoint a Special Public Prosecutor. Eligibility requires practice as an advocate for at least seven years for a Public Prosecutor and ten years for a Special Public Prosecutor, and appointees are deemed Public Prosecutors within clause (u) of section 2 of the Code so that its procedural provisions apply.
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