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, or
(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.
In plain English
What this section actually means
Section 19 is one of the most under-rated provisions of Indian environmental law: it gives ordinary citizens a direct entry point. No court can take cognizance of an EPA offence unless the complaint comes from (a) the Central Government or its authorised officer, or (b) any person who has given 60 days' prior notice in the prescribed form (Form II under Rule 11 of the Environment (Protection) Rules, 1986).
This means a citizen who notices a polluting unit can — after a sixty-day notice — file a complaint directly in the Magistrate's court, even if the SPCB has chosen not to act. The provision has been used by NGOs, RWAs and local activists to bring private criminal complaints when official enforcement has been slow.
The 60-day period gives the authorities a chance to step in first. If they prosecute, the citizen's path becomes academic. If they do nothing, the citizen-complaint proceeds.
Visual
See how it flows
Process
Citizen complaint route under Section 19(b)
How an ordinary citizen forces prosecution under EPA.
Citizen identifies offence
Pollution / hazardous-substance breach
Form II notice
Rule 11; 60 days minimum
Wait 60 days
Authorities can step in
File complaint in Magistrate's Court
If authorities silent
Magistrate takes cognizance
Section 19(b)
Real life
What this looks like in real life
RWA forces a stone-crusher to face prosecution
Setup. A Residents Welfare Association notices a stone-crushing unit operating in a no-go zone. It writes to the SPCB but receives no action for two months. Following the procedure under Rule 11, the RWA sends a Form II notice and files a private complaint in the Judicial Magistrate's court after 60 days.
What the law does. Magistrate is empowered to take cognizance under Section 19(b). The RWA does not need official permission; the only condition is the 60-day notice. This is one of the few criminal-enforcement routes that an ordinary citizen can directly trigger.
Cross-references
Read this alongside
- Environment (Protection) Rules, 1986§Rule 11 + Form II·Prescribes the form and manner of citizen's notice under Section 19(b).
Frequently asked
Questions about Section 19
Open this section in the source PDF
Environment Protection Act, 1986.pdf
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