Section 26 in Uttarakhand Benami Transactions (Prohibition) Act, 2016
26. Application of Code of Criminal Procedure, 1973 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 for the purposes of the said provisions, the Special Court shall be deemed to be a Court of Magistrate and the persons conducting the prosecution before the Special Court, shall be deemed to be a public prosecutor:Provided that the State 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 he has been in practice as an advocate for not less than seven years, under the State.(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.
