Sections 74 and 75 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.
Section 74 of the Food Safety and Standards Act, 2006 allows the Central or State Government to set up Special Courts to try offences relating to grievous injury or death of a consumer where the Act prescribes imprisonment of more than three years. It also deals with how those courts sit, the priority of their trials and the Public Prosecutors who appear in them. Section 75 lets a Special Court send a case to a regular court if it finds the offence is not triable by it.
Section 74: the Central Government or State Government may, in the public interest and with the concurrence of the Chief Justice of the High Court, notify Special Courts for trial of offences relating to grievous injury or death of the consumer for which imprisonment of more than three years is prescribed. Trial by a Special Court has precedence over other cases against the accused. Each Special Court has a Public Prosecutor with at least seven years as an advocate or in a law post. Section 75: if, after taking cognizance, a Special Court finds the offence not triable by it, it transfers the case to a court having jurisdiction, which proceeds as if it had taken cognizance.
The two sections at a glance
| Provision | Content |
|---|---|
| 74(1) | Governments may constitute Special Courts by notification, with the Chief Justice's concurrence, for offences of grievous injury or death with imprisonment of more than three years |
| 74(2) | A Special Court may sit at another place, on its own motion or on the Public Prosecutor's application |
| 74(3) | Trial by a Special Court has precedence; the other case remains in abeyance |
| 74(4) and proviso | Public Prosecutor and Additional Public Prosecutors for each Special Court; a Special Public Prosecutor may be appointed for a case or class of cases |
| 74(5) | Qualification: advocate for at least seven years, or a post under the Union or a State for at least seven years requiring special knowledge of law |
| 75 | Transfer to a regular court where the offence is not triable by the Special Court |
Section 74(1): why Special Courts and for which offences
The text allows the Central Government or the State Government "in their respective jurisdictions", "if consider expedient and necessary in the public interest", to constitute "as many Special Courts with the concurrence of the Chief Justice of the High Court as may be necessary for such area or areas and for exercising such jurisdiction, as may be specified in the notification".
The offences are those "relating to grievous injury or death of the consumer for which punishment of imprisonment for more than three years has been prescribed under this Act". Two tests therefore have to be met: the offence relates to grievous injury or death, and the prescribed imprisonment exceeds three years. Offences carrying less, or not involving injury or death, are outside a Special Court and go to the Magistrate under section 73 (see civil court barred and summary trial).
The provision is enabling ("may"). Whether a Special Court exists in a given area depends on a notification by the relevant government. If your matter involves injury or death, ask the authority which court has been notified, or take advice from a legal consultation.
The unsafe food provisions, where injury or death follows, are the natural example of offences with longer imprisonment. The compensation and further orders in section 65 also arise in those cases (see compensation for injury or death).
The Act refers to the Code of Criminal Procedure, 1973. From 1 July 2024 that Code is replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023, and the reference is read accordingly.
Section 74(2) and (3): sitting place and precedence
Place of sitting. A Special Court may, on its own motion, or on the Public Prosecutor's application and if it considers it expedient or desirable, "sit for any of its proceedings at any place other than its ordinary place of sitting". This helps to take evidence near the scene or the victim.
Precedence. "The trial under this Act of any offence by a Special Court shall have precedence over the trial of any other case against the accused in any other court (not being a Special Court) and shall be concluded in preference to the trial of such other case and accordingly the trial of such other case shall remain in abeyance." For an accused already facing other proceedings, these are put on hold while the Special Court trial runs. The precedence is over cases in courts that are not Special Courts.
Section 74(4) and (5): the Public Prosecutor
For each Special Court the government "shall appoint a person to be the Public Prosecutor" and "may appoint more than one person to be the Additional Public Prosecutors". A Special Public Prosecutor may be appointed "for any case or class or group of cases".
The qualification in sub-section (5) is that the person must have been "in practice as an Advocate for not less than seven years" or have "held any post, for a period of not less than seven years, under the Union or a State, requiring special knowledge of law".
Section 75: transfer to a regular court
Section 75 covers a practical problem. A Special Court may take cognizance of an offence and then form the view that it is not triable by it, perhaps because the imprisonment prescribed is not more than three years or the case does not relate to grievous injury or death.
The text says: "it shall, notwithstanding that it has no jurisdiction to try such offence, transfer the case for the trial of such offence to any court having jurisdiction under the Code of Criminal Procedure, 1973 ... and the court to which the case is transferred may proceed with the trial of the offence as if it had taken cognizance of the offence."
Three features stand out.
- It is mandatory ("shall"). The Special Court cannot keep a case it cannot try.
- Jurisdiction is saved. Even though the Special Court had no jurisdiction, the transfer is valid.
- No fresh cognizance. The receiving court carries on as if it had itself taken cognizance, so proceedings need not restart from the beginning.
Example 1. A State notifies a Special Court. A consumer dies after eating contaminated food and the prosecution charges an offence carrying imprisonment of more than three years. The case is tried by the Special Court, which has precedence over any other pending case against the accused.
Example 2. A case is filed in the Special Court on an offence that carries only a short term of imprisonment. The Special Court takes cognizance, finds it cannot try it, and transfers it under section 75 to the Magistrate court with jurisdiction, which proceeds as if it had taken cognizance.
Appeal from a Special Court
An order of a Special Court can be appealed to the High Court under section 76, within forty-five days of service of the order, after paying the prescribed fee and depositing any penalty, compensation or damage imposed (see appeal and time limit).
Need help with a serious food safety case?
Cases of injury or death involve several authorities at once. TaxClue can help you understand the court route and coordinate with your advocate. Start with a legal consultation.
Key takeaways
- Special Courts are for food offences relating to grievous injury or death with imprisonment of more than three years.
- They are notified by the Central or State Government with the concurrence of the Chief Justice of the High Court.
- A Special Court trial has precedence over other cases against the accused in ordinary courts.
- A Public Prosecutor needs seven years' practice or a legal post of at least seven years.
- Section 75 requires transfer to a regular court where the Special Court cannot try the offence.
Read next
- Sections 72 and 73: civil court barred and summary trial
- Sections 76 and 77: appeal and time limit for prosecutions
- Food causing injury or death: severe penalties
- Writ petitions against FSSAI orders in the High Court
Disclaimer: Based on the Food Safety and Standards Act, 2006 as enacted, read with the Jan Vishwas (Amendment of Provisions) Act, 2023 where it applies (ss.59, 61 and 63 only; ss.74 and 75 are unchanged). Verify current notifications, regulations and FSSAI orders before acting.