Section 19 IPC: “Judge”

Indian Penal Code, 1860

Section 19 IPC at a Glance

Section 19 IPC defines the term “Judge”. From 1 July 2024 it is replaced by Section 2(16) BNS.

Punishment

None. Section 19 IPC creates no offence.

BNS Equivalent

Section 2(16) →

Section 19 IPC Bare Act Text

19. “Judge”

The word “Judge” denotes not only every person who is officially designated as a Judge, but also every person,—

who is empowered by law to give, in any legal proceeding, civil or criminal, a definitive judgment, or a judgment which, if not appealed against, would be definitive, or a judgment which, if confirmed by some other authority, would be definitive, or who is one of a body or persons, which body of persons is empowered by law to give such a judgment.

Illustrations

(a) A Collector exercising jurisdiction in a suit under Act 10 of 1859, is a Judge.

(b) A Magistrate exercising jurisdiction in respect of a charge on which he has power to sentence to fine or imprisonment, with or without appeal, is a Judge.

(c) A member of a panchayat which has power, under Regulation VII, 1816, of the Madras Code, to try and determine suits, is a Judge.

(d) A Magistrate exercising jurisdiction in respect of a charge on which he has power only to commit for trial to another Court, is not a Judge.

Source: Section 19, Indian Penal Code, 1860

Section 19 IPC in Simple Words

Section 19 of the Indian Penal Code (IPC) defines the word Judge. It covers every person officially designated as a Judge, and also every person empowered by law to give a definitive judgment in a legal proceeding, civil or criminal.

A judgment counts if it would be definitive when not appealed against, or when confirmed by some other authority. A member of a body of persons empowered by law to give such a judgment is also a Judge.

The section creates no offence and sets no punishment.

Ingredients of Section 19 IPC

  • A person officially designated as a Judge
  • Or a person empowered by law to give a definitive judgment in a legal proceeding, civil or criminal
  • A judgment that would be definitive if not appealed against, or if confirmed by some other authority, counts
  • Or a member of a body of persons which the law empowers to give such a judgment

Punishment Under Section 19 IPC

Imprisonment

None. Section 19 IPC creates no offence.

Fine

None.

Section 19 IPC is a definition. It has no entry in the First Schedule to the CrPC.

Example of Section 19 IPC

In 2022 in Lucknow, three officials heard separate legal proceedings. Kavya was officially designated as a Judge in a civil court. Raghu was a revenue adjudicator empowered by law in a civil proceeding to give a judgment that would be definitive if not appealed against or if confirmed by some other authority. Bimal sat as one of a body of persons empowered by law in a criminal proceeding to give a definitive judgment. Under the Indian Penal Code, Kavya, Raghu, and Bimal were all Judges within Section 19 IPC.

When Section 19 IPC Does Not Apply

  • Section 19 IPC does not apply to a Magistrate who is only authorised to commit an accused person for trial before another court and cannot give a definitive judgment.
  • Section 19 IPC does not apply to an investigating police officer who has no legal authority to pronounce a definitive judgment in a civil or criminal proceeding.
  • Section 19 IPC does not apply to a private mediator or community elder who settles a dispute informally without being empowered by law to give a definitive judgment.

Section 19 IPC in the BNS

Section 19 IPC is now covered under Section 2(16) BNS.

Section 2(16) BNS keeps both limbs of the definition, worded as means and includes, and numbers them as two clauses. Of the four IPC illustrations, only the second is kept: the Magistrate who has power to sentence to fine or imprisonment is a Judge.

View detailed comparison (IPC 19 vs BNS 2(16)) →

FAQs on Section 19 IPC

What does Section 19 IPC define?▼

The word Judge. It covers every person officially designated as a Judge, and every person empowered by law to give a definitive judgment in a legal proceeding, civil or criminal.

Does a person have to hold the office of Judge to be a Judge under Section 19 IPC?▼

No. The illustrations make a Collector deciding a suit a Judge, and a member of a panchayat empowered to try and determine suits a Judge. What counts is the power the law gives, not the title of the post.

Under Section 19 IPC, is a Magistrate who can only commit a case for trial a Judge?▼

No. The last illustration to Section 19 IPC says so, because such a Magistrate has no power to give a definitive judgment on the charge.

Does Section 19 IPC create an offence?▼

No. It is a definition and sets no punishment. It matters because other sections use the word, such as Section 77 IPC, under which nothing is an offence which is done by a Judge, acting as a Judge, in the exercise of a power given to him by law.

How does Section 19 IPC relate to Section 21 IPC?▼

Section 21 IPC defines public servant, and every Judge is one of the persons it lists. So every Judge is a public servant, but most public servants are not Judges.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·