Section 19: Exemption of certain documents

Court Fees Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1870

Legal Commentary & Landmark Judgments: Section 19

Section 19 of the Court Fees Act, 1870 contains an extensive catalogue of documents and petitions that are statutorily exempted from any court fees, safeguarding fundamental procedural steps and small estates.

  • Catalogue of Exempt Documents: Exempts: letters of administration / probate where estate value does not exceed one thousand rupees; petitions in criminal proceedings from persons in custody; bail bonds and recognizances; written statements without set-off or counterclaim; petitions under the Indian Christian Marriage Act; applications for witness summons in criminal trials.
  • Protection of Incarcerated Litigants: Guarantees that undertrials in custody can file bail applications, appeals, and petitions without paying court fees.
  • Statutory Shield: Precludes judicial officers from demanding court fees on exempted categories.
Key Landmark Precedents:
  • State of Maharashtra v. Mishrilal Tarachand Lodha, AIR 1964 SC 457: The Constitution Bench stressed that Section 19 exemptions represent legislative policy protecting vulnerable and custodial litigants from revenue exactions.
  • Hussainara Khatoon v. Home Secretary, State of Bihar, (1980) 1 SCC 98: Reaffirmed that incarcerated prisoners cannot be subjected to financial barriers to access courts.
Courtroom Practice & Strategic Litigation Guidance:

Whenever filing bail petitions, habeas corpus representations, or regular written statements (without counterclaim), ensure that no unnecessary court fees are affixed, relying on Section 19(xv) and (xvii) exemptions.