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Section 19 of The Enemy Property Act, 1968

No suit, prosecution or other legal proceeding shall lie against the Central Government or the Custodian or an Inspector of Enemy Property for anything which is in good faith done or intended to be done under this Act.

Summary

The law protects the Central Government, the Custodian, and any Inspector of Enemy Property from legal liability.
No civil lawsuit, criminal prosecution, or other legal proceedings can be started against them for actions taken under this Act.
This protection applies to anything that is done in good faith, meaning honestly and with good intentions, under the Act.
It also protects them for anything they honestly intended to do in good faith under the Act.

Practical examples

1In September 2026, an Inspector of Enemy Property, Alok Gupta, inspects a warehouse in Kolkata which is registered as enemy property, believing in good faith that it contains stored goods belonging to an enemy firm. The actual owner, a local merchant named Vikram, sues Alok Gupta for trespassing. Under Section 19, the court dismisses Vikram's lawsuit because Alok Gupta acted in good faith while performing his duties under the Act.

2The Custodian, acting under the Act, seals a residential building in Lucknow in November 2026, believing it to be vested enemy property based on official records. Although a family later proves they are the rightful non-enemy owners and get the property back, they cannot sue the Custodian for financial damages for the time the building was sealed because the Custodian acted in good faith under the Act.

FAQ

1. Who is protected from lawsuits under Section 19?

The Central Government, the Custodian, and any Inspector of Enemy Property are protected.

2. What types of legal actions are barred by Section 19?

Civil lawsuits, criminal prosecutions, and any other legal proceedings are barred.

3. What is the key condition required to get this legal protection?

The action must have been done, or intended to be done, in good faith, which means honestly and with genuine intent to carry out the law.

Test yourself

Q1.Under Section 19 of The Enemy Property Act, 1968, which of the following officers or entities is NOT explicitly granted protection from suits and prosecutions?

Q2.Under Section 19 of The Enemy Property Act, 1968, what is the essential legal standard that an action must meet to receive protection from legal proceedings?

Q3.Under Section 19 of The Enemy Property Act, 1968, what forms of legal proceedings are barred against protected officials acting in good faith?

Q4.Under Section 19 of The Enemy Property Act, 1968, how does the protection apply to actions that were planned but not successfully completed?

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