Section 19 IPC - Judge
Section 19 of the Indian Penal Code, 1860 gave an extended statutory meaning to the word "Judge." It covered not only a person officially designated as a Judge, but also certain persons and legally empowered bodies capable of giving definitive judgments.
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 of persons, which body of persons is empowered by law to give such a judgment.
Meaning of Judge under Section 19 IPC
Section 19 did not restrict the meaning of "Judge" to persons formally carrying that official designation. The definition looked at the legal authority exercised by a person or a body of persons. A person could therefore fall within Section 19 when the law empowered that person to give a judgment having the definitive character described in the section.
The provision was a definition clause and did not itself create an offence or prescribe a punishment. Its meaning was relevant wherever the Indian Penal Code used the expression "Judge."
Who is Included in the Definition of Judge?
Section 19 included the following categories:
- a person officially designated as a Judge;
- a person empowered by law to give a definitive judgment in a civil or criminal legal proceeding;
- a person empowered to give a judgment that would become definitive if it were not appealed against;
- a person empowered to give a judgment that would become definitive if confirmed by another authority; and
- a member of a legally empowered body of persons that can give such a judgment.
The statutory test therefore depended on legal authority and the nature of the adjudicatory function, rather than on the title of the office alone.
Definitive Judgment under Section 19 IPC
The language of Section 19 expressly covered more than a judgment that was immediately final. It also included a judgment that would be definitive if no appeal were filed and a judgment that would become definitive upon confirmation by another authority.
This wording explains why a Magistrate with power to decide a charge and impose punishment could fall within the definition, while a Magistrate whose authority extended only to committing the accused for trial before another Court did not fall within the illustration of a Judge.
Illustrations to Section 19 IPC
(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 suit, 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.
The historical reference to Regulation VII, 1816 in illustration (c) was later repealed by the Madras Civil Courts Act, 1873. The illustration nevertheless forms part of the historical statutory explanation of the scope of Section 19.
Related IPC Provisions
Section 19 is closely related to Section 20 IPC - Court of Justice, which defined a Court of Justice by reference to a Judge, or a body of Judges, empowered by law to act judicially. It should also be read with Section 21 IPC - Public Servant, whose categories included Judges and persons empowered by law to discharge adjudicatory functions.
Legal Position before Bharatiya Nyaya Sanhita 2023
Historical legal position: This page explains Section 19 of the Indian Penal Code, 1860 as it stood immediately before the Bharatiya Nyaya Sanhita, 2023 came into force on 1 July 2024. It is maintained as an IPC reference for the earlier legal framework and for matters in which the former law remains relevant.
Quick Summary
For Section 19 IPC, the word "Judge" was wider than an official judicial title. It included a person, or a member of a legally empowered body, capable of giving a definitive judgment of the kind specified in the section. The statutory illustrations demonstrate the distinction between authority to adjudicate and authority merely to commit a matter for trial before another Court.