Confiscation of property
Section 13 of the Bihar Special Courts Act, 2009 deals with confiscation of property. Where the State Government, on the basis of prima-facie evidence, have reasons to believe that any person, who has held or is holding public office and is or has been a public servant.
(1) Where the State Government, on the basis of prima-facie evidence, have reasons to believe that any person, who has held or is holding public office and is or has been a public servant. has committed the offence, the State Government may, whether or not the Special Court has taken cognizance of the offence, authorise the Public Prosecutor for making an application to the authorised officer for confiscation under this Act of the money and other property, which the State Government believe the said person to have procured by means of the offence.
(2) An application under sub-section (1)- (a) shall be accompanied by one or more affidavits, stating the grounds on which the belief, that the said person has committed the offence, is founded and the amount of money and estimated value of other property believed to have been procured by means of the offence; and (b) shall also contain any information available as to the location for the time being of any such money and other property, and shall, if necessary, give other particulars considered relevant to the context.
Section 13, The Bihar Special Courts Act, 2009 (Act 5 of 2010).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Referred to by 2
Made under this section, and citing it
2 instruments name this provision in its title or its text without being made under it.
Questions about Section 13
What does Section 13 of the Bihar Special Courts Act deal with?
Section 13 of the Bihar Special Courts Act is headed "Confiscation of property". Where the State Government, on the basis of prima-facie evidence, have reasons to believe that any person, who has held or is holding public office and is or has been a public servant.
How do I find court cases under Section 13 of the Bihar Special Courts Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Bihar Special Courts Act 13, section 13 Bihar Special Courts Act, section 13 of the Bihar Special Courts Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
What should I read with Section 13 of the Bihar Special Courts Act, and has it changed?
2 other provisions in this corpus refer back to it. 2 instruments name it without being made under it, most recently Bihar Special Courts (Amendment) Rules, 2024 (2024), then BIHAR SPECIAL COURTS RULE ,2010 (2010).
When was the Bihar Special Courts Act enacted?
Bihar Special Courts Act was enacted in 2010 as Act 5 of 2010. India Code records no commencement date for it. It is in force as at the date shown on this page.
Other sections of this Act
- 15. Confiscation of property in certain cases364 words
- 14. Notice for Confiscation243 words
- 18. Power to take possession235 words
- 2. Definitions178 words
- 8. Procedure And powers of Special Courts127 words
- 9. Appeal against orders of Special Courts123 words
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. 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). This page is not a substitute for legal advice.