Code of Civil Procedure, 1908

Section 19 CPC: Suits for Compensation for Wrongs to Person or Movable Property

Section 19 of the Code of Civil Procedure, 1908 (CPC) provides a choice of territorial courts for certain civil suits seeking compensation for harm to a person or movable property. It permits the plaintiff to sue where the wrong occurred or, in the circumstances specified in the section, where the defendant resides or works.

Text of Section 19 CPC

The illustrations above reproduce the statutory examples, including the historical place name Calcutta (now Kolkata).

Meaning and scope of Section 19

The provision concerns territorial jurisdiction, meaning the geographic area in which a civil court may entertain a suit. It applies to suits for compensation for wrongs committed against a person or movable property, such as certain civil claims for assault, defamation or damage to goods. It does not itself create a right to compensation: the plaintiff must still establish a valid cause of action under the applicable substantive law.

What is a wrong to the person?

In this context, a wrong to the person may include a civilly actionable injury to bodily integrity, liberty or reputation, depending on the facts and the governing law. A criminal complaint and a civil compensation claim are distinct proceedings with different rules.

What is movable property?

Movable property generally refers to property other than immovable property, including goods and other movable assets. For the definition relevant to civil procedure, see India Code and Section 2(13) CPC, which states that movable property includes growing crops.

Where can the plaintiff file the suit?

1. Place of the wrong: the court within whose local jurisdiction the wrongful act occurred.
2. Defendant's location: the court within whose local jurisdiction the defendant resides, carries on business or personally works for gain, where the statutory conditions are met.

The choice belongs to the plaintiff, but the selected court must also have jurisdiction over the nature and monetary value of the claim. A choice under Section 19 does not override an applicable statutory bar or a special law governing a particular dispute.

Practical illustrations

Personal injury

If a defendant ordinarily resides in Delhi but commits a civilly actionable assault in Kolkata, a compensation suit may be instituted in the appropriate competent court in Kolkata or Delhi, subject to the facts and other applicable jurisdiction rules.

Damage to movable goods

If a defendant based in Jaipur wrongfully damages a claimant's goods in Mumbai, Section 19 may allow a suit for compensation in a competent court in Mumbai or Jaipur.

Defamation and online publication

For defamatory statements, identifying where publication occurred and where a legally relevant cause of action arose can require a fact-specific assessment. Online accessibility alone should not be assumed to establish jurisdiction in every court. The statutory illustration concerning publication in Calcutta remains useful, but modern electronic communications may raise additional issues.

How Section 19 differs from Sections 16 and 20

Section 16 CPC primarily addresses suits concerning immovable property and generally connects jurisdiction to where that property is situated. Section 19 specifically deals with compensation for wrongs to the person or movable property. Section 20 CPC provides the general territorial rules for other suits, subject to the preceding limitations. The correct provision depends on the actual relief claimed and the substance of the dispute.

Other legal requirements to consider

• Section 9 CPC: civil courts generally have jurisdiction to try suits of a civil nature unless expressly or impliedly barred.
• Section 15 CPC: suits should be instituted in the court of the lowest grade competent to try them.
• Section 21 CPC: objections to territorial jurisdiction are subject to statutory conditions, including timely objection and consequent failure of justice.
• Limitation Act, 1963: the applicable limitation period depends on the nature of the compensation claim.
• Special statutes: some disputes must be brought before a designated forum rather than an ordinary civil court.

Frequently asked questions

Does Section 19 CPC apply to criminal cases?

No. Section 19 concerns the institution of civil suits for compensation. Criminal proceedings follow the applicable criminal procedure law.

Can the plaintiff always choose any court?

No. The plaintiff's option is limited to courts satisfying Section 19 and other applicable jurisdiction requirements. The court must also be competent to hear the type and value of the claim.

Does Section 19 cover disputes about ownership of land?

Ordinarily, suits concerning rights in immovable property are governed by provisions such as Sections 16 to 18 CPC, rather than Section 19.

What if the defendant objects to territorial jurisdiction?

The objection is assessed under the CPC, including Section 21 where applicable. Whether it succeeds depends on when it was raised and the legal consequences of the alleged defect.

Official statutory resources

For the authoritative text and amendments, consult the India Code official legislation database and search for the Code of Civil Procedure, 1908 (Act 5 of 1908). The Legislative Department also provides central legislation resources. Check relevant state amendments, court rules and special enactments before filing.

This article is general legal information and is not a substitute for advice on the facts of a particular case.