CrPC Forms 19, 20 and 21: Maintenance Warrant, Nuisance Order and Magistrate Notice
Forms 19, 20 and 21 formed part of the Second Schedule to the Code of Criminal Procedure, 1973. This page presents the CrPC position applicable before the Bharatiya Nagarik Suraksha Sanhita, 2023 came into force, together with the statutory context of sections 125, 133 and 141.
Legal provisions connected with Forms 19, 20 and 21
Section 125 CrPC - Order for maintenance of wives, children and parents
Section 125 empowered a Magistrate of the first class, on proof of neglect or refusal by a person having sufficient means, to order monthly maintenance for specified dependants who were unable to maintain themselves, subject to the conditions laid down in the section. Form No. 19 was the prescribed warrant for enforcing payment of maintenance by attachment and sale where the maintenance order was wilfully disobeyed.
Section 133 CrPC - Conditional order for removal of nuisance
Section 133 empowered the competent Executive Magistrate, on receiving a police report or other information and taking such evidence as considered fit, to make a conditional order for removal or regulation of specified public nuisances and dangers. Form No. 20 supplied the prescribed form of the conditional order.
Section 141 CrPC - Procedure on order being made absolute and consequences of disobedience
Section 141 dealt with compliance after an order under the public-nuisance provisions had been made absolute. The Magistrate was to give notice of the absolute order and require performance within the time fixed, warning of the legal consequences of disobedience. Form No. 21 was the prescribed Magistrate's notice and peremptory order.
For the official text of the Code and its Second Schedule, see India Code - Code of Criminal Procedure, 1973.
Form No. 19 - Warrant to enforce payment of maintenance by attachment and sale
FORM No. 19
WARRANT TO ENFORCE THE PAYMENT OF MAINTENANCE BY ATTACHMENT AND SALE
(See section 125)
To __________ (name and designation of the police officer or other person to execute the warrant).
WHEREAS an order has been duly made requiring __________ (name) to allow to his said wife (or child or father or mother) for maintenance the monthly sum of rupees __________, and whereas the said __________ (name) in wilful disregard of the said order has failed to pay rupees __________, being the amount of the allowance for the month (or months) of __________;
This is to authorise and require you to attach any movable property belonging to the said __________ (name) which may be found within the district of __________, and if within __________ (state the number of days or hours allowed) next after such attachment the said sum shall not be paid (or forthwith), to sell the movable property attached, or so much thereof as shall be sufficient to satisfy the said sum, returning this warrant, with an endorsement certifying what you have done under it, immediately upon its execution.
Dated, this __________ day of __________, 20__________.
(Seal of the Court)
(Signature)
Form No. 20 - Order for the removal of nuisances
FORM No. 20
ORDER FOR THE REMOVAL OF NUISANCES
(See section 133)
To __________ (name, description and address).
WHEREAS it has been made to appear to me that you have caused an obstruction (or nuisance) to persons using the public roadway (or other public place) __________ (describe the road or public place) by __________ (state what it is that causes the obstruction or nuisance), and that such obstruction (or nuisance) still exists;
or
WHEREAS it has been made to appear to me that you are carrying on, as owner or manager, the trade or occupation of __________ (state the particular trade or occupation and the place where it is carried on), and that the same is injurious to the public health (or comfort) by reason of __________ (state briefly in what manner the injurious effects are caused), and should be suppressed or removed to a different place;
or
WHEREAS it has been made to appear to me that you are the owner (or are in possession of or have the control over) a certain tank (or well or excavation) adjacent to the public way __________ (describe the thoroughfare), and that the safety of the public is endangered by reason of the said tank (or well or excavation) being without a fence (or insecurely fenced);
or
WHEREAS, etc., etc., (as the case may be);
I do hereby direct and require you within __________ (state the time allowed) to __________ (state what is required to be done to abate the nuisance), or to appear at __________ in the Court of __________ on the __________ day of __________ next, and to show cause why this order should not be enforced;
or
I do hereby direct and require you within __________ (state the time allowed) to cease carrying on the said trade or occupation at the said place, and not again to carry on the same, or to remove the said trade from the place where it is now carried on, or to appear, etc.;
or
I do hereby direct and require you within __________ (state the time allowed) to put up a sufficient fence __________ (state the kind of fence and the part to be fenced), or to appear, etc.;
I do hereby direct and require you, etc., etc., (as the case may be).
Dated, this __________ day of __________, 20__________.
(Seal of the Court)
(Signature)
Form No. 21 - Magistrate's notice and peremptory order
FORM No. 21
MAGISTRATE'S NOTICE AND PEREMPTORY ORDER
(See section 141)
To __________ (name, description and address).
I HEREBY give you notice that it has been found that the order issued on the __________ day of __________ requiring you __________ (state substantially the requisition in the order) is reasonable and proper. Such order has been made absolute, and I hereby direct and require you to obey the said order within __________ (state the time allowed), on peril of the penalty provided by the Indian Penal Code for disobedience thereto.
Dated, this __________ day of __________, 20__________.
(Seal of the Court)
(Signature)
How these CrPC forms were used
Form No. 19 related to enforcement of a maintenance order through attachment and sale of movable property. Form No. 20 was used in proceedings concerning public obstruction, nuisance, harmful trades and specified dangers to public safety under section 133. Form No. 21 followed the making of the relevant nuisance order absolute and required obedience within the period fixed by the Magistrate.