The President of India gave his assent to the Bihar Civil Courts Act, 2026 passed by Bihar legislature on June 16, 2026. Subsequent to the assent, the Act was published in the Bihar Gazette (Extraordinary) on June 30, 2026 pursuant to the order of the Governor of Bihar issued by Balram Dubey, Secretary, Government of Bihar. The 10-page long text of the new law includes Hindi and English version of the Act. It replaces 19-page long Bengal, [Agra] and Assam Civil Courts Act, 1887.
The latter was amended in its application to—West Bengal, by Bengal Act 19 of 1935, West Bengal Acts 59 of 1950, 16 of 1957, 26 of 1969, 55 and 58 of 1978;Bihar and Orissa, by Bihar & Orissa Act 4 of 1922;Bihar, by Bihar Act 12 of 1960 and Uttar Pradesh by U.P. Acts 14 of 1970 and 57 of 1976. It was amended on several occasions during 139 years of its colonial and post colonial existence.
The preamble of the Bihar Civil Courts Act reads:"Preamble.- Whereas the existing Bengal, Agra and Assam Civil Courts Act, 1887 was enacted by Central Government jointly for the state of Bengal, Agra and Assam and present Bihar was a part of Bengal. Whereas State of Bihar is now separated from Bengal and organized as independent State and therefore separate Civil Courts Act is necessary and expedient; Now therefore be it enacted by the Bihar State Legislative in the Seventy Seventh year of the Republic of India....".
The new Act has come into force from the date of notification in the official Gazette.
According to Section 3 of the Act, there are four classes of Civil Courts namely:-(i) The Court of the Principal District Judge; (ii) The Court of the District Judge; (iii) The Court of the Civil Judge (Senior Division); and (iv) The Court of the Civil Judge (Junior Division)"
Section 4 of the Act states that "The State Government may determine or modify the cadre strength of District Judges and Civil Judges in consultation with High Court from time to time."
Section 5 of the Act states that "Whenever the office of District Judge or Civil Judge is vacant by reason of the death, resignation or removal of the Judge or other cause or whenever an increase in the number of District or Civil Judges, the vacancy may be filled up as per the provisions contained in Article- 233 and 234 of The Constitution of India." It adds:"Nothing in this section shall be construed to prevent High Court from appointing a District Judge or Civil Judge to discharge, for such period as it thinks fit, in addition to the functions devolving on him as such District Judge or Civil Judge, all or any of functions of another District Judge or Civil Judge, as the case may be."
Section 6 of the Act states that "Subject to the superintendence of the High Court, the Principal District Judge shall have administrative control over all the Civil Courts under this Act within local limits of his jurisdiction."
Section deals with "Temporary charge of District Court". It reads:"In the event of the death, resignation or removal of the Principal District Judge or his being incapacitated by illness, transfer or otherwise from the performance of his duties or on his absence from the place at which his court is held, the Senior Most District Judge shall without relinquishing his ordinary duties, assume charge of the office of the Principal District Judge and shall continue in the charge thereof until the office is resumed by the Principal District Judge or assumed by an officer appointed thereto."
Section 8 makes provision for "Transfer of proceedings on vacation of office of Civil Judge". It reads: "1) In the event of vacancy accrued on account of death, resignation or removal of a District Judge or a Civil Judge, or of his being incapacitated by illness, transfer, leave for the period exceeding one month or otherwise from the performance of his duties, the Principal District Judge may transfer all or any of the proceedings pending to other Competent Court under his administrative control competent to dispose them or to his own Court. (2) Proceedings transferred under the sub-section (1) shall be disposed of as if they had been instituted in the Court to which they are so transferred: Provided that the Principal District Judge may re-transfer any proceedings transferred under sub-section (1) to his own or any other Court from the Court of the District Judge or Civil Judge. (3) For the purpose of proceedings which are not pending in the Court of the Civil Judge on the occurrence of an event referred to in sub-section (1) and with respect to which that Court has exclusive jurisdiction the Principal District Judge may exercise all or any of the jurisdiction of that Court."
Section 9 deals with "Power to fix local limits of jurisdiction of Courts". It reads:(1) The State Government may in consultation with the High Court by notification in the Official Gazette, fix and alter the local limits of the jurisdiction of any Civil Court under this Act. (2) If the same local jurisdiction is assigned to two or more Civil Judges, the Principal District Judge may assign to each of them such civil cases as the case may be, subject to any general or special orders of the High Court, it may think fit. (3) When Civil proceeding arising in any local area is assigned by the Principal District Judge to one of two or more Civil Judges under sub-section (2), a decree or order so passed shall not be invalid by reason only of the case in which it was made having arisen wholly or in part in a place beyond that local area if that place is within the local limits fixed under sub-section (1). (4) The present local limits of the jurisdiction of every Civil Court under this Act shall be deemed to have been fixed under this section. "
Section 10 provides for "Place of sitting of Courts". It reads: (1) The State Government may in consultation with the High Court fix or alter the place or places at which any Civil Court under this Act is to be held by notification in the Official Gazette. Provided that in emergent situation, the High Court may fix any other place of sitting of the Court within local limits of the said Court. (2) All places at which any such Courts are now held shall be deemed to have been fixed under this section.
Section 11 deals with "Vacations of Courts". It reads:"(1) The High Court shall prepare a calendar of holidays to be observed in each year in the Civil Courts. (2) The calendar so prepared shall be published in the Official Gazette. (3) A judicial act done by a Civil Court on a holiday specified in the calendar shall not be invalid by reason only of its having been done on that day."
Chapter III of the Act deals with "Ordinary Jurisdiction". Under it Section 13 provides for "Extent of original jurisdiction of Principal District Judge". It reads:"Save as otherwise provided by any enactment for the time being in force, the jurisdiction of a Principal District Judge extends, subject to the provisions of Sections 15 of the Code of Civil Procedure, 1908 to all original suits for the time being cognizable by Civil Courts."
Section 14 deals with "Extent of jurisdiction of Civil Judge". It reads:(1) Save as aforesaid and subject to the provisions of sub-section (3), the jurisdiction of a Civil Judge (Junior Division) shall extend to all like suits of which the value does not exceed Ten Lakh rupees. (2) Save as aforesaid and subject to the provisions of sub-section (3), the jurisdiction of a Civil Judge (Senior Division) shall extend to all suits exceeding the value Ten Lakh rupees; (3) The High Court may direct, by notification in the Official Gazette, with respect to any Civil Judge (Junior Division) named therein that his jurisdiction shall extend to all suits of such value not exceeding Fifty lakh rupees as may be specified in the notification; Provided that the High Court may by notification in the Official Gazette, alter or amend the pecuniary jurisdiction from time to time."
Section 15 provides for "Appeals from the Judgments and Orders of the District Judges". It reads:"Save as otherwise provided by any enactment for the time being in force, an appeal from a decree or order of a District Judge shall lie to the High Court."
Section 16 provides for "Appeals from the orders or Decrees of Civil Judges". It reads:"(1) Save as aforesaid, an appeal from a decree or order of a Civil Judges shall lie- (a) to the Principal District Judge where the value of the original suit in which or in any proceedings arising out of which the decree or order was made was less than Fifty lakh rupees; and (b) to the High Court in any other case; Provided that the High Court may by notification in the Official Gazette, alter or amend the pecuniary jurisdiction as fixed herein, from time to time. (2) Where the function of receiving any appeals which lie to the Principal District Judge under sub-section (1) has been assigned to a District Judge, the appeals may be preferred to the District Judge."
Chapter IV deals with "Special Jurisdiction". Under it Section 17 reads:"Exercise of jurisdiction of District Court in certain proceedings by Civil Judge.— (1) The High Court may, by general or special order, authorize any Civil Judge to take cognizance of, or any Principal District Judge to transfer the proceedings under the Indian Succession Act, 1925 to a Civil Judge under his administrative control. (2) The Principal District Judge may withdraw any such proceedings taken cognizance of by or transferred to a Civil Judge, and may either himself dispose of them or transfer them to a Court under his administrative control competent to dispose of them. (3) Disposal of proceedings referred to in last foregoing section- Proceedings taken cognizance of, or transferred to a Civil Judge, as the case may be, shall be disposed of by him subject to the rules applicable to like proceedings when disposed by the District Judge."
Section 20 of the Bihar Civil Courts Act, 2026 has repealed the Bengal, Agra , Assam Civil Courts Act, 1887 as was applicable to the State of Bihar.
Section 20 (2) reads: "Notwithstanding such repeal all Court constituted, appointments, nominations, rules, notifications, and orders made for jurisdiction and power conferred under the Bengal, Agra and Assam Civil Courts Act, 1887, or any enactment thereby repealed, or purporting expressly or impliedly to have been so constituted, made, conferred and published shall be deemed to have been respectively constituted, made conferred and published under this Act; and (3) Any actions taken or purported to have been taken under the Bengal, Agra and Assam Civil Courts Act, 1887 shall be deemed to have been taken under the provisions of this Act; and (4) Any enactment or document referring to the Bengal, Agra and Assam Civil Courts Act, 1887, or to any enactment thereby repealed, shall be construed to refer to this Act or to the corresponding portion thereof."
Section 18 of Bihar Civil Courts Act reads:" 1.Judges not to try suits in which they are interested.—(1) The Presiding Officer of a Civil Court shall not try any suit or other proceedings to which he is a party or in which he is personally interested. (2) The Presiding Officer of an appellate Civil Court under this Act shall not try an appeal against a decree or order passed by himself in another capacity. (3) When any such suit, proceeding or appeal as is referred to in sub-section (1) or sub-section (2) comes before any such officers, the officer shall forthwith transmit the record of the case to the Court to which he is immediately subordinate with a report of the circumstances attending the reference. (4) The Superior Court shall thereupon dispose of the case under Section 24 of the Code of Civil Procedure, 1908. (5) Nothing in this section shall be deemed to affect the extraordinary original civil jurisdiction of the High Court."
Section 19 of the Act reads:"19. Conduct.—The Civil Courts shall act according to justice, equity and good conscience in all matters before it."
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