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Section 2: Definitions

The Bihar Special Courts Act, 2009State Act of Bihar · Act 5 of 2010

In this Act, unless the context otherwise requires:-

(a) ’Act’’ means Prevention of Corruption Act, 1988.

(b) "authorised officer” means any serving officer belonging to Bihar Superior Judicial Service and who is or has been Session Judge/Additional Sessions Judge, nominated by the State Government with the concurrence of the High Court for the purpose of section 13;

(c) "Code" means the Code of Criminal Procedure, 1973; (2 of 1974)

(d) "Declaration" in relation to an offence, means a declaration made under section-5 in respect of such offence;

(e) "Offence" means an offence of criminal misconduct which attracts application of Section-13(1)(e) of the Act either independently or in combination with any other provision of the Act or any of the provision of Indian Penal code. (49 of 1988)

(f) "Special Court" means a Special Court established under section 3; and

(g) Words and expressions used herein and not defined but defined in the Code or the Act shall have the meanings respectively assigned to them in the Code or the Act.

CHAPTER II ESTABLISHMENT OF SPECIAL COURTS

3. Establishment of Special Courts- (1) The State Government shall, for the purpose of speedy trial of offence, by notification, establish as many Courts as considered adequate to be called Special Courts.

(2) A Special Court shall be presided over by a Judge to be nominated by the State Government with the concurrence of the Patna High Court.

(3) No person shall be qualified for nomination as a Judge of a Special Court unless he is a member of Bihar Superior Judicial Service and is or has been a Sessions Judge/Additional Sessions Judge in the State.

Where this provision sits

ActThe Bihar Special Courts Act, 2009
Section2
Marginal noteDefinitions
JurisdictionState of Bihar
StatusIn force as published by the source

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