Criminal procedure before Special Court applies under the Benami law, with prosecutors treated as public prosecutors.

The provisions of the Code of Criminal Procedure, 1973 apply to proceedings before a Special Court under the Benami property law, except where the Act otherwise provides. Persons conducting the prosecution before the Special Court are deemed to be Public Prosecutors, and the Central Government may appoint a Special Public Prosecutor for any case or class of cases. Appointment as a Public Prosecutor requires at least seven years' practice as an advocate, while appointment as a Special Public Prosecutor requires at least ten years' practice as an advocate in any court.

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