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Section19
The Environment (Protection) Act, 1986

Cognizance of offences

In force From 19 Nov 1986 Act 29 of 1986 As on 14 Oct 2026

Act 29 of 1986 Ministry Environment, Forest and Climate Change Enacted 23 May 1986 In force 19 Nov 1986 Cited by 1 provision Instruments 40

Section 19 of the Environment (Protection) Act, 1986 deals with cognizance of offences. No court shall take cognizance of any offence under this Act except on a complaint made by,-- (a) the Central Government or any authority or officer authorised in this behalf by that Government; The Act came into force on 19 Nov 1986.

No court shall take cognizance of any offence under this Act except on a complaint made by,--

(a) the Central Government or any authority or officer authorised in this behalf by that Government; or

1[(aa) adjudicating officer or any officer authorised by him in this behalf;]

(b) any person who has given notice of not less than sixty days, in the manner prescribed, of the alleged offence and of his intention to make a complaint, to the Central Government or the authority or officer authorised as aforesaid.

Section 19, The Environment (Protection) Act, 1986 (Act 29 of 1986).

Cross-references

Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.

Referred to by 1

  1. s. 25 Power to make rules

Related judgements & precedents

These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.

  1. Vishal Chandrakant Mhatre v. State of Maharashtra

    High Court 19 Dec 2019 Persuasive (High Court) Criminal Writ Petition No. 4388 of 2015 (Bombay)

    Court's Decision & Legal Precedent

    Final Order order-4.pdf 2019-12-19 DATE VERIFIED. A.M. Badar J. Isolate: Environment (Protection) Act s.19 — cognizance only on a complaint by the Central Government/authorised officer or a 60-day-notice private complaint; a police charge-sheet under CrPC 173 is not a ‘complaint’ (CrPC 2(d) excludes police reports); cognizance of s.15 on a police report is non-est. Leading HC. Distinctive (Vishal Mhatre / mangrove jetty). Fills empty Environment 19. Map 19 only — 3/5/15 already filled.

    On this section: EPA s.19 cognizance only on a complaint by the Central Government/authorised officer or a 60-day-notice private complaint; a police charge-sheet is not a complaint, so cognizance of s.15 on a CrPC 173 report is non-est (Vishal Mhatre).

    Read the full order on eCourts India

The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.

Made under this section, and citing it

3 instruments state that it was made under this provision — the power to make it comes from here, so a change to any of them changes what this section requires in practice. Newest first.

Another 37 instruments name this provision in its title or its text without being made under it.

All subordinate legislation

Questions about Section 19

What have the courts held on Section 19 of the Environment (Protection) Act?

Vishal Chandrakant Mhatre v. State of Maharashtra (19 Dec 2019) is the leading judgment on this section among those set out below: EPA s.19 cognizance only on a complaint by the Central Government/authorised officer or a 60-day-notice private complaint; a police charge-sheet is not a complaint, so cognizance of s.15 on a CrPC 173 report is non-est (Vishal Mhatre).

How do I find court cases under Section 19 of the Environment (Protection) 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: Environment Act 19, section 19 Environment Act, section 19 of the Environment (Protection) Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Vishal Chandrakant Mhatre v. State of Maharashtra (19 Dec 2019).

What should I read with Section 19 of the Environment (Protection) Act, and has it changed?

1 other provision in this corpus refers back to it. The rules and notifications made under it are where it actually bites, and there are 3: most recently powewrs conferred under Environment Protection Act 1986 (2018), then River Ganga (Rejuvenation, Protection and Management) Authorities order 2016 dated 07. 10. 2016 (2016), and 1 more.

When did Section 19 of the Environment (Protection) Act come into force?

Section 19 of the Environment (Protection) Act, cited as Environment Act 19, came into force on 19 Nov 1986, having been enacted on 23 May 1986. It is in force as at the date shown on this page.

Other sections of this Act

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. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.