Application of Bharatiya Nagarik Suraksha Sanhita, 2023 to proceedings before Special Court.

498(1)

Save as otherwise provided in this Act, the provisions of Bharatiya Nagarik Suraksha Sanhita, 2023 (including the provisions as to bails or bonds), shall apply to the proceedings before a Special Court and the person conducting the prosecution before the Special Court, shall be deemed to be a Public Prosecutor.

498(2)

The Central Government may also appoint a Special Public Prosecutor for any case or class or group of cases.

498(3)

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, requiring special knowledge of law.

498(4)

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 section 2(v) of the Bharatiya Nagarik Suraksha Sanhita, 2023, and the provisions of that Sanhita shall have effect accordingly.

Explanation

Section Summary:

This section integrates the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) into proceedings before a Special Court. It specifies that the BNSS provisions, including those related to bail or bonds, will apply to such proceedings. Additionally, it outlines the qualifications and appointment process for Public Prosecutors and Special Public Prosecutors in these cases.

Key Changes:

1. Application of BNSS: The BNSS, 2023, is now applicable to proceedings before Special Courts, replacing or supplementing previous legal frameworks.
2. Appointment of Prosecutors: The Central Government is empowered to appoint Special Public Prosecutors for specific cases or groups of cases.
3. Qualification Requirements: A minimum of 7 years of legal practice with specialized legal knowledge is now mandatory for anyone appointed as a Public Prosecutor or Special Public Prosecutor.

Practical Implications:

• For Taxpayers and Businesses: This section primarily impacts legal proceedings in Special Courts, particularly those involving complex cases like tax evasion or financial crimes. It ensures that prosecutors handling such cases are highly qualified.
• For Legal Professionals: Lawyers with specialized expertise in tax or financial law may now be appointed as Special Public Prosecutors, creating opportunities for experienced advocates.
• For the Government: The Central Government gains flexibility in appointing specialized prosecutors for high-stakes cases, potentially improving the efficiency and effectiveness of prosecutions.

Critical Concepts:

• Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS): A new legal framework replacing the Code of Criminal Procedure (CrPC), 1973, with updated provisions for criminal proceedings.
• Special Court: A court designated to handle specific types of cases, such as tax-related offenses or financial crimes.
• Public Prosecutor: A legal officer representing the state in criminal cases.
• Special Public Prosecutor: A prosecutor appointed for specific cases or groups of cases, often requiring specialized legal knowledge.

Compliance Steps:

1. For Appointments: The Central Government must ensure that any Public Prosecutor or Special Public Prosecutor appointed meets the 7-year practice requirement and has specialized legal knowledge.
2. For Legal Proceedings: Prosecutors and courts must apply the provisions of the BNSS, 2023, to proceedings before Special Courts, including bail and bond-related matters.

Examples:

• Scenario 1: A high-profile tax evasion case is brought before a Special Court. The Central Government appoints a Special Public Prosecutor with expertise in tax law to handle the case, ensuring the prosecution is well-equipped to address complex legal issues.
• Scenario 2: A lawyer with 10 years of experience in financial crime litigation is appointed as a Public Prosecutor for a group of cases involving money laundering. Their specialized knowledge ensures effective prosecution under the BNSS, 2023.

This section ensures that Special Court proceedings are conducted under a modernized legal framework, with qualified prosecutors handling complex cases.