Sections 50-52 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Offences under the Act are not tried in ordinary criminal courts. Section 50 provides for Special Courts, which are designated Courts of Session. Section 51 applies the Code of Criminal Procedure, 1973 to them and sets out prosecutors, and section 52 gives the High Court its appeal and revision powers over them.
As per the consolidated text consulted, the Central Government, in consultation with the Chief Justice of the High Court, designates one or more Courts of Session as Special Courts for the trial of offences under the Act (section 50(1)). A Special Court takes cognizance only on a written complaint by the authority or an authorised officer (section 50(3)), and every endeavour is to be made to conclude the trial within six months from filing of the complaint (section 50(4)). The Code of Criminal Procedure, 1973 applies, and the High Court has appeal and revision powers (sections 51, 52).
How these sections came in
Sections 50 to 52 form Chapter VI (Special Courts), inserted by the Benami Transactions (Prohibition) Amendment Act, 2016 with the rest of sections 7 to 55 of the principal Act. The text is checked against the Gazette of India copy of that Act (assent 10 August 2016). The 2016 changes were brought into force by notification; the date is not in the sources consulted.
If you are facing a complaint before a Special Court, early advice on the complaint, the offence charged and the evidence is essential. A legal dispute resolution review will explain what the Act and the Code of Criminal Procedure, 1973 allow at each stage. The offence itself is in section 53; see our article on the penalty for a benami transaction.
Section 50(1): designation
"The Central Government, in consultation with the Chief Justice of the High Court, shall, for trial of an offence punishable under this Act, by notification, designate one or more Courts of Session as Special Court or Special Courts for such area or areas or for such case or class or group of cases as may be specified in the notification."
So a Special Court is an existing Court of Session that has been designated. The designation is by notification, after consultation with the Chief Justice of the High Court, and can be for an area or for a class of cases. The notifications are not in the sources consulted. "Special Court" is defined in section 2(28) as a Court of Session designated under section 50(1).
Section 50(2): other offences at the same trial
"While trying an offence under this Act, a Special Court shall also try an offence other than an offence referred to in sub-section (1), with which the accused may, under the Code of Criminal Procedure, 1973, be charged at the same trial." The reference is quoted as printed. A Special Court can therefore try other offences charged at the same trial under that Code.
Section 50(3): complaint in writing
"The Special Court shall not take cognizance of any offence punishable under this Act except upon a complaint in writing made by":
- (i) the authority; or
- (ii) any officer of the Central Government or State Government authorised in writing by that Government by a general or special order made in this behalf.
Two consequences follow. A private person's complaint does not start a prosecution under the Act. And the complaint must be in writing and made by the authority or a duly authorised officer. "Authority" means an authority referred to in section 18(1) (section 2(6)). Offences under the Act are non-cognizable under section 61, and previous sanction is dealt with in section 55; see our article on sections 54, 55 and 61.
Section 50(4): the six-month target
"Every trial under this section shall be conducted as expeditiously as possible and every endeavour shall be made by the Special Court to conclude the trial within six months from the date of filing of the complaint." The words are "every endeavour", not a mandatory deadline. The text says nothing about what follows if six months pass.
Section 51: the Code of Criminal Procedure and prosecutors
Section 51(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 the persons conducting the prosecution before the Special Court, shall be deemed to be Public Prosecutors." The proviso says the Central Government may also appoint, for any case or class or group of cases, a Special Public Prosecutor.
Section 51(2). A person is not qualified to be appointed as Public Prosecutor or Special Public Prosecutor under the section unless the Public Prosecutor "has been in practice as an advocate for not less than seven years", and the Special Public Prosecutor "has been in practice as an advocate for not less than ten years in any court".
Section 51(3). Every person so appointed "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".
| Role | Minimum practice as an advocate |
|---|---|
| Public Prosecutor | Not less than seven years |
| Special Public Prosecutor | Not less than ten years in any court |
For how criminal courts are organised under the Code, see our guide to the hierarchy, jurisdiction and powers of criminal courts. The Code references are quoted as printed; check the current procedural law for the corresponding provisions.
Section 52: appeal and revision
"The High Court may exercise, so far as may be applicable, all the powers conferred by Chapter XXIX or Chapter XXX of the Code of Criminal Procedure, 1973, on a High Court, as if a Special Court within the local limits of the jurisdiction of the High Court were a Court of Session trying cases within the local limits of the jurisdiction of the High Court."
The section gives the High Court appeal and revision powers over Special Courts by treating a Special Court as a Court of Session for those purposes. The text does not set a time limit, and the Chapter numbers are quoted as printed.
The chapter at a glance
| Section | Subject | Key point |
|---|---|---|
| 50(1) | Designation | Court of Session, by notification, after consultation with the Chief Justice of the High Court |
| 50(2) | Other offences | Tried at the same trial if chargeable under the Code |
| 50(3) | Cognizance | Only on a written complaint by the authority or an authorised officer |
| 50(4) | Pace | Every endeavour to conclude within six months of the complaint |
| 51 | Procedure | Code of Criminal Procedure, 1973 applies; Public Prosecutors and Special Public Prosecutors |
| 52 | Appeal and revision | High Court powers, treating the Special Court as a Court of Session |
Who is affected
- Accused persons, whose trial is before a Special Court on a written complaint.
- The authorities, who must file the complaint in writing or authorise an officer to do so.
- Practitioners, who will see that the Code of Criminal Procedure, 1973 governs unless the Act provides otherwise.
Practical example
An authority under the Act files a written complaint against Rohit Dhawan, a beneficial owner, for an offence under the Act. The complaint goes to the Special Court designated for the area. Under section 50(3), the court takes cognizance because the complaint is in writing and is made by the authority. The trial begins, and the court makes every endeavour to conclude it within six months of the filing of the complaint. If Rohit is aggrieved by the outcome, section 52 gives the High Court the appeal and revision powers of a High Court under the Code as if the Special Court were a Court of Session.
Other laws and later amendments
Sections 50 to 52 refer to the Code of Criminal Procedure, 1973 throughout, quoted as printed. Check the current procedural law for the corresponding provisions, including the Chapter and clause references. Later amendments to the Act are not in the sources consulted; check them.
Need help with a Special Court case?
A complaint before a Special Court carries criminal consequences, and the procedure follows the Code of Criminal Procedure, 1973 unless the Act says otherwise. Our legal dispute resolution team can review the complaint and the evidence with you and explain the steps.
Key takeaways
- The Central Government designates Courts of Session as Special Courts by notification, after consultation with the Chief Justice of the High Court.
- Cognizance is taken only on a written complaint by the authority or an officer authorised in writing.
- Every endeavour is to be made to conclude the trial within six months of filing the complaint.
- The Code of Criminal Procedure, 1973 applies, and prosecutors are deemed Public Prosecutors; seven and ten years' practice are required for Public and Special Public Prosecutors.
- The High Court has appeal and revision powers as if the Special Court were a Court of Session.
Read next
- Section 53: penalty for a benami transaction
- Sections 54, 55 and 61: false information, previous sanction and non-cognizable offences
- Section 49: appeal to the High Court
- Special Courts under PMLA: sections 43, 46 and 47
Disclaimer: Based on a third-party consolidated text of the Prohibition of Benami Property Transactions Act, 1988 as amended by the Benami Transactions (Prohibition) Amendment Act, 2016, checked against the Gazette of India copy of that amending Act (11 August 2016), as consulted on 2 October 2026. The commencement notification, the rules and later amendments should be checked. This article is general information, not legal advice; check the official text before acting.