Practice free →
HomeLLMLawEnvironmental Law › Section 19 EPA 1986 restricts COGNIZANCE of offe…

Section 19 EPA 1986 restricts COGNIZANCE of offences. A court can only take cognizance of an offence on a complaint made by:

ACentral Government, or any authority/officer authorised by it, OR any person who has given notice of not less than 60 days of the alleged offence and his intention to make a complaint, to the Central Government or authorised officer/authority
Bonly individual citizens directly affected by pollution (cf. Environment (Protection) Act 1986, Section 19) (cf. Environment (Protection) Act 1986, Section 19) (cf. Environment (Protection) Act 1986, Section 19)
Conly the local police on regular registration of cases (cf. Environment (Protection) Act 1986, Section 19) (cf. Environment (Protection) Act 1986, Section 19) (cf. Environment (Protection) Act 1986, Section 19)
Donly the State Pollution Control Board with no other complainants (cf. Environment (Protection) Act 1986, Section 19) (cf. Environment (Protection) Act 1986, Section 19) (cf. Environment (Protection) Act 1986, Section 19)
Answer & Solution
Correct answer: A. Central Government, or any authority/officer authorised by it, OR any person who has given notice of not less than 60 days of the alleged offence and his intention to make a complaint, to the Central Government or authorised officer/authority
1. Section 19 EPA 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 (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.' 2. Clause (b) enables CITIZEN ENFORCEMENT after 60-day notice (similar to Citizen Suits in US environmental law). 3. The 60-day notice provides opportunity for the polluter to remediate / authorities to act. 4. Hence option B is correct. _Source: EPA 1986 / Constitution of India / Stockholm/Rio/Paris / Indian SC environmental jurisprudence — Environment (Protection) Act 1986, Section 19_
Solve this in the app — LLM practice & 24k+ MCQs →
Related questions