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IndiaCode Laws
Act5
Enacted 2010

The Bihar Special Courts Act, 2009

In force 26 sections Bihar

Act 5 of 2010

Preamble

[Bihar Act, 5, 2010] THE BIHAR SPECIAL COURTS ACT, 2009 AN ACT Preamble .- To provide for the constitution of special courts for the speedy trial of certain class of offences and for confiscation of the properties involved. WHEREAS corruption is perceived to be amongst the persons holding public offices and public servants within the meaning of Section 2(c) of the Prevention of Corruption Act, 1988 in the State of Bihar; AND, WHEREAS, the Government has sufficient reasons to believe that large number of persons, who have held or are holding public offices and are public servants within the meaning of Section 2(c) of the Prevention of Corruption Act, 1988 have accumulated vast property, disproportionate to their known sources of income by resorting to corrupt means; AND, WHEREAS, it is obligation of the State to prosecute persons involved in such corrupt practices and confiscate their ill gotten assets. AND, WHEREAS, the existing courts of Special Judges cannot reasonably be expected to bring the trials, arising out of those prosecutions, to a speedy termination and it is imperative for the efficient functioning of a parliamentary democracy and the institutions created by or under the Constitution of India that the aforesaid offenders should be tried with utmost dispatch; AND, WHEREAS, it is necessary for the said purpose to establish Special Courts to be presided over by the persons who are or have been Sessions Judges/Additional Sessions Judges and it is also expedient to make some procedural changes whereby avoidable delay in the final determination of the guilt or innocence, of the persons to be tried, is eliminated without interfering with the right to a fair trial. BE, it enacted by the Legislature of State of Bihar in the Sixtieth Year of the Republic of India as follows: - CHAPTER I PRELIMINARY

Sections

Type to filter. 26 sections.

  1. 1Short title extent and Commencement
  2. 2Definitions
  3. 3Establishment of Special Courts
  4. 4Cognizance of cases by Special Courts
  5. 5Declaration of cases to Be dealt with under This Act
  6. 6Effect of declaration
  7. 7Jurisdiction of Special Court as to Trial of Offences
  8. 8Procedure And powers of Special Courts
  9. 9Appeal against orders of Special Courts
  10. 10Transfer of Cases
  11. 11Special Court not bound to Adjourn a Trial
  12. 12Presiding Judge may act on evidence recorded By his Predecessor
  13. 13Confiscation of property
  14. 14Notice for Confiscation
  15. 15Confiscation of property in certain cases
  16. 16Transfer To be null And void
  17. 17Appeal
  18. 18Power to take possession
  19. 19Refund of Confiscated money or property
  20. 20Notice or Order not to be invalid for error in description
  21. 21Act to be in addition to any other law
  22. 22Bar to other Proceedings
  23. 23Protection of action taken in good faith
  24. 24Power to Make rules
  25. 25Notifications under section 3 and declarations under section 5 to be laid
  26. 26Overriding effect

Rules made under this Act

2 sets of Rules. India Code publishes Rules as a record and a document rather than as text, so these are indexed here and not reproduced. All Rules.

  • Bihar Special Courts (Amendment) Rules, 20242024
  • BIHAR SPECIAL COURTS RULE ,20102010

Provenance. Read from the Government's own scanned gazette with Azure Document Intelligence, then split into sections by their numbering. India Code publishes no text for this Act. The scan itself is mirrored into our own storage and served at /scan/721b9ca5-45e9-4e4f-b2ba-dde5767c006d.pdf, so the reading here can be checked against the page it came from without depending on India Code's own copy staying where it is (it was at https://indiacode.gov.in/server/api/core/bitstreams/96fe75f5-e636-47ab-8350-ffe746920d51/content).

Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Every one of the 26 sections of this Act has its own page. This page is not a substitute for legal advice.