Cognizance of offences explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
These five sections close the penalties and procedure chapter. Section 42 protects those who act in good faith. Section 43 says who may make a complaint of an offence, after a sixty-day notice in the case of a private person, and which courts can try it. Section 44 treats Board members and staff as public servants. Section 45 requires reports and returns from the Boards. Section 46 bars civil courts and injunctions.
This article is current as amended up to the Jan Vishwas (Amendment of Provisions) Act, 2023 (in force for this Act from 1 April 2024). That Act inserted clause (aa) in section 43(1); sections 40 and 41 no longer exist, which is why the numbering moves from 39D to 42. Later amendments and notifications should be checked. If you intend to complain of an offence, or face a complaint, our legal dispute resolution team can help.
Section 43: no court takes cognizance of an offence under the Act except on a complaint by a Board or its authorised officer, by the adjudicating officer or his authorised officer (clause (aa), inserted in 2024), or by any person who has given at least sixty days' notice of the alleged offence and of the intention to complain. No court below a Metropolitan Magistrate or Judicial Magistrate of the first class may try an offence. Section 46 bars civil courts in matters an Appellate Authority can decide and bars injunctions against action under the Act.
Section 42: protection of action taken in good faith
"No suit, prosecution or other legal proceeding shall lie against the Government or any officer of the Government or any member or any officer or other employee of the Board in respect of anything which is done or intended to be done in good faith in pursuance of this Act or the rules made thereunder."
The protection is for action in good faith in pursuance of the Act. It covers things done and things "intended to be done".
Section 43: cognizance of offences
Section 43(1). "No court shall take cognizance of any offence under this Act except on a complaint made by:
| Clause | Complainant |
|---|---|
| (a) | A Board or any officer authorised in this behalf by it |
| (aa) | The adjudicating officer or any officer authorised by him in this behalf (inserted by the Jan Vishwas Act, 2023) |
| (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 Board or officer authorised as aforesaid |
and no court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall try any offence punishable under this Act."
Section 43(2). Where a complaint has been made under clause (b), the Board shall, on demand by that person, make available the relevant reports in its possession to him. The proviso: the Board "may refuse to make any such report available to such person if the same is, in its opinion, against the public interest".
The offences that survive in the Act are in section 39D: failing to comply with section 21 and failing to pay a penalty. The penalties in sections 37 to 39 are not tried as offences; they are imposed by the adjudicating officer, as set out in sections 39 to 39C. Clause (aa) lets the adjudicating officer, who imposes the penalty, be a complainant too.
The three routes mean a private person can complain, but only after giving the required notice. The sixty days are "not less than", and the manner of the notice is prescribed. The Water Act has the same pattern; see sections 49 and 50 of the Water Act and, for the EP Act, sections 18 to 21.
Section 44: Board members and staff as public servants
"All the members and all officers and other employees of a Board when acting or purporting to act in pursuance of any of the provisions of this Act or the rules made thereunder shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code (45 of 1860)." The Bharatiya Nyaya Sanhita, 2023 has replaced the Indian Penal Code, 1860.
The words "acting or purporting to act" cover an officer who claims to act under the Act, whether or not he was acting within it.
Section 45: reports and returns
The Central Board shall, in relation to its functions under the Act, furnish to the Central Government, and a State Board shall furnish to the State Government and to the Central Board, "such reports, returns, statistics, accounts and other information as that Government, or, as the case may be, the Central Board may, from time to time, require". This is a duty of the Boards, not of industry.
Section 46: bar of jurisdiction
"No civil court shall have jurisdiction to entertain any suit or proceeding in respect of any matter which an Appellate Authority constituted under this Act is empowered by or under this Act to determine, and no injunction shall be granted by any court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this Act."
There are two limbs. A civil suit cannot be brought on a matter that the Appellate Authority under section 31 can decide, so the statutory appeal is the route. And no court or other authority can grant an injunction against action taken or to be taken under a power conferred by the Act. The appeals that the Act itself provides, to the Appellate Authority and then the National Green Tribunal, are the remedies.
Who may do what
| Question | Answer | Section |
|---|---|---|
| Can a person be sued for good-faith action under the Act? | No suit, prosecution or legal proceeding lies | 42 |
| Who may complain of an offence? | A Board or authorised officer; the adjudicating officer or authorised officer; a person after at least sixty days' notice | 43(1) |
| Which court tries it? | Not inferior to a Metropolitan Magistrate or Judicial Magistrate of the first class | 43(1) |
| Are Board staff public servants? | Yes, when acting or purporting to act under the Act | 44 |
| Can a civil court decide an Appellate Authority matter? | No | 46 |
| Can an injunction be granted against action under the Act? | No | 46 |
Practical points
- Check who filed the complaint. If it is not a Board, an authorised officer or an adjudicating officer, confirm the sixty-day notice was given.
- Request reports. After a private complaint, the Board must make relevant reports available on demand, unless it forms the opinion that this is against the public interest.
- Use the statutory appeal for Board orders; a civil suit on those matters is barred.
- Check the court. Trial lies only before a Metropolitan Magistrate or Judicial Magistrate of the first class, or a higher court.
An example
A residents' welfare association believes Chambal Spinning Mills Limited is running a unit without consent. It sends the State Board a notice, in the prescribed manner, stating the alleged offence and its intention to complain. After sixty days it files a complaint before a Metropolitan Magistrate under section 43(1)(b). The Board, on demand, makes relevant reports available unless it considers them against the public interest.
Need help with a complaint?
Whether a complaint was properly made, and before the right court, can decide how far it goes. Our legal dispute resolution team can help you review the complaint, the notice and the defences available.
Key takeaways
- Action in good faith under the Act is protected from suit, prosecution or other legal proceeding.
- A court takes cognizance of an offence only on a complaint by a Board, the adjudicating officer or a person who has given at least sixty days' notice.
- Trial lies before a court not inferior to a Metropolitan Magistrate or Judicial Magistrate of the first class.
- Board members and staff are public servants when acting or purporting to act under the Act.
- Civil courts cannot decide matters within the Appellate Authority's power, and no injunction lies against action under the Act.
Read next
- Section 39D: offences for operating without consent and not paying a penalty
- Sections 47 to 54: supersession, register, other laws and rules
- Sections 49 and 50 of the Water Act: cognizance of offences
- Sections 18 to 21 of the EP Act: good faith and cognizance
Disclaimer: Based on the Environment (Protection) Act, 1986, the Air (Prevention and Control of Pollution) Act, 1981 and the Public Liability Insurance Act, 1991 as amended by the Jan Vishwas (Amendment of Provisions) Act, 2023 (in force for these Acts from 1 April 2024), the Water (Prevention and Control of Pollution) Act, 1974 as amended by its Amendment Act of 2024 (which applies only in the States and Union territories it names and in States that adopt it), and the National Green Tribunal Act, 2010 as amended by the Tribunals Reforms Act, 2021, as consulted on 3 October 2026. Later amendments, rules and notifications should be checked. This article is general information, not legal advice; check the official text before acting.