19. Constitution of village courts.—Whenever a Village Authority has been constituted for any
village, the Chief Commissioner may, by notification in the Official Gazette, appoint any two or more of
the members of the Village Authority to be a village court during their term of office as members of the
Village Authority.
20. Jurisdiction of village courts in criminal cases.—Notwithstanding anything contained in the
Code of Criminal Procedure, 1898 (5 of 1898), the village court shall have jurisdiction concurrent with
that of the criminal court within the local limits of whose jurisdiction the village is situated for the trial of
all offences specified in the Schedule.
21. How cases may be instituted.—(1) A case before a village court may be instituted by a
complaint, made orally or in writing, to a member of the village court.
(2) If the complaint is made orally, the member shall record the name of the complainant, the name of
the person against whom the complaint is made, the nature of the offence and such other particulars, if
any, as may be, prescribed, and shall direct the complainant to appear before the village court.
22. Power of village courts to dismiss or refuse to entertain complaint.—(1) If upon the fact of the
complaint, or on examining the complaint, the village court is of opinion that the complaint is frivolous
vexatious or untrue, it shall dismiss the case by order in writing.
(2) If at any time it appears to the village court—
(a) that it has no jurisdiction to cry the case, or
(b) that the offence is one for which the sentence which the court is competent to pass would be
inadequate, or
(c) that the case is one which should not be tried by the court,
it shall direct the complainant to the proper court.
23. Dismissal of case for default.—If in any case before a village court the complainant fails to
appear on the day fixed, or if in the opinion of the court he shows negligence in prosecuting his case, the
court may dismiss the case for default, and such order of dismissal shall operate as an acquittal.
24. Proceedings preliminary to trial.—(1) If the complaint is not dismissed, the village court shall,
subject to the provisions of section 53, by summons or otherwise require the accused to appear and
answer the complaint.
(2) If the accused fails to appear or cannot be found, the court shall report the fact to the nearest
magistrate, who may issue a warrant for the arrest of the accused and when arrested may forward him for
trial to the village court or release him on bail to appear before it.
(3) The village court shall, if possible, try the case on the day on which the accused appears or is
brought before it; but if that is not possible, the village court shall release him on his executing a bond for
a sum not exceeding two hundred rupees to appear before the court on any subsequent day to which the
trial may be adjourned.
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25. Bar to appeal from the order of village courts, but power to order retrial.—Notwithstanding
anything contained in the Code of Criminal Procedure, 1898 (5 of 1898), there shall be no appeal by a
convicted person in any case tried by a village court:
Provided that the Deputy Commissioner or the sub-divisional magistrate, if satisfied that a failure of
justice has occurred, may, of his own motion or on the application of the parties concerned, cancel or
modify any order of conviction or of compensation made by a village court or direct the retrial of any
case by a court of competent jurisdiction subordinate to him.
26. Power of village courts to impose fine or to award compensation.—(1) A village court shall
record its decision in writing and may sentence an offender convicted by it to pay a fine not exceeding
two hundred rupees or in default to imprisonment for a term not exceeding one month.
(2) When a village court imposes a fine under sub-section (1), it may, when passing the order, direct
that whole or any part of the fine recovered shall be applied in payment of compensation for any loss or
injury caused by the offence.
(3) When a person has been sentenced to imprisonment under sub-section (1) in default of payment
of fine, if such fine be not paid within ten days of the passing of the sentence or within such further time,
if any, as the village court may allow, the court may cause him to be arrested and may commit him to the
nearest jail to serve his sentence:
Provided that notwithstanding anything contained in the Indian Penal Code (45 of 1860)—
(a) the fine imposed by a village court shall not be realised from any person who has served his
term of imprisonment under this section;
(b) the person serving his term of imprisonment shall be forthwith released, if the fine is paid
before the expiry of the term of imprisonment:
Provided further that no woman shall be sentenced to imprisonment in default of payment of fine.
27. Power of village courts to release certain offenders after admonition or on probation of
good conduct.—When any person is convicted by a village court of an offence punishable under section
26 and no previous conviction is proved against him, if it appears to the said court, regard being had to
the age, character and antecedents of the offender and the circumstances in which the offence was
committed, that it is expedient—
(a) that the offender should be released after due admonition, the village court may instead of
sentencing him to any punishment, release him after due admonition; or
(b) that the offender should be released on probation of good conduct, the village court may,
notwithstanding anything contained in the Code of Criminal Procedure, 1898 (5 of 1898), instead of
sentencing him at once to any punishment, direct that he be released on his executing a bond for a
sum not exceeding two hundred rupees to appear and receive sentence when called upon during such
period not exceeding one year as the village court may direct, and in the meantime to keep the peace
and be of good behaviour.
28. Power of village courts to permit compounding of offences.—Notwithstanding anything
contained in the Code of Criminal Procedure, 1898 (5 of 1898), the village court may allow the parties to
compound any offence tried by it.
29. Power to transfer criminal cases.—The Deputy Commissioner or the sub-divisional magistrate,
either on application made to him in this behalf, or on his own motion, may transfer any case from one
village court to another or to any other court subordinate to him.
30. Jurisdiction of village courts in civil cases.—Notwithstanding anything contained in the Code
of Civil Procedure, 1908 (5 of 1908), or in any other law for the time being in force, but subject to the
provisions of section 31 and section 32, the village court and the ordinary civil court, within the local
limits of whose jurisdiction the village is situated, shall have concurrent jurisdiction to try the following
classes of suits, namely:—
(a) suits for money due on contracts;
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(b) suits for the recovery of movable property or the value of such property;
(c) suits for compensation for wrongfully taking or injuring movable property; and
(d) suits for damages by cattle trespass;
when the value of the suit does not exceed five hundred rupees.
31. Certain suits not to be tried by village courts.—No suit shall lie in any village court—
(a) on a balance of partnership account,
(b) for a share or part of a share under an intestacy of for a legacy or part of a legacy under
a will,
(c) by or against the Government or public officers in their official capacity,
(d) by or against minors or persons of unsound mind.
(e) for the assessment, enhancement, reduction, abetment, apportionment, or recovery of rent of
immovable property.
(f) for recovery of immovable property, or
(g) for enforcement or redemption of a mortgage of immovable property.
32. Local limits of jurisdiction of village courts.—No suit shall lie in any village court, unless at
least one of the defendants resides within the local limits of its jurisdiction at the time of the institution of
the suit, and the cause of action has arisen wholly or in part within those limits.
33. How suits may be instituted.—(1) A suit before a village court may be instituted by a petition
made orally or in writing, and if the petition, is made orally, the court shall record such particulars as may
be prescribed.
(2) The plaintiff on instituting his suit shall state the value of the claim.
34. Suits barred by limitation are not triable by village courts.—(1) If at any time the village
court is of opinion that the suit is barred by limitation, the court shall, by order in writing, dismiss the
suits.
(2) If at any time it appears to the village court that it has no jurisdiction to entertain the suit, the court
shall direct the plaintiff to the proper court.
35. Dismissal of suits for default.—If in any suit before a village court the plaintiff fails to appear on
the date fixed or if in the opinion of the court he shows negligence in prosecuting his suit, the court may
dismiss the suit for default:
Provided that a village court may restore a suit dismissed for default, if within thirty days from the
date of such dismissal the plaintiff satisfies the court that he was prevented by sufficient cause from
appearing on the date fixed.
36. Summons to defendants to appear and answer.—If on receiving the petition the village court is
satisfied that the trial of the suit may be proceeded with, it shall by summons or otherwise require the
defendant to appear and answer orally or in writing the claim made in the suit.
37. Ex parte decision.—If the defendant fails to appear and the village court is satisfied that he has
received notice of the date fixed for hearing, the court may decide the suit ex parte:
Provided that any defendant against whom a suit has been decided ex parte may, within thirty days
from the date of executing any processes for enforcement of the decision, apply orally or in writing, to the
village court to set aside the order; and the court, if satisfied, that the defendant did not receive due notice
of the date of hearing or was prevented by any sufficient cause from appearing on the date fixed, shall set
aside the decision and shall appoint a day for proceeding with the suit.
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38. No order to be set aside without notice to opposite party.—No decision or order or a village
court shall be set aside under section 35 or section 37 unless notice in writing has been served by the
village court on the opposite party in the prescribed manner.
39. Power of village courts to determine necessary parties.—(1) Subject to the provisions of
clause (c) or clause (d) of section 31 the village court may add as parties to a suit any persons whose
presence as parties it considers necessary for the proper decision thereof, and shall enter the names of
such parties in the register of suits, and the suit shall be tried as between the parties whose names are
entered in the said register:
Provided that when any party is added, notice shall be given to him and he shall be given an
opportunity of appearing before the trial of the suit is proceeded with.
(2) In all cases where a new party appears under the proviso to sub-section (1) during the trial of a
suit, he may require that the trial shall begin de novo.
40. Certain suits not to be tried by village courts.—No village court shall proceed with the trial of
any suit in which the matter directly and substantially in dispute is pending for decision in the same
court or in any other court in a previously instituted suit between the same parties or between parties
under whom they or any of them claim, or has been heard and finally decided in a suit between the same
parties, or between parties under whom they or any of them claim.
41. Decision of village courts.—When the parties or their agents have been heard and the evidence
on both sides considered, the village court shall, by written order, pass such decree as may seem just,
equitable and according to good conscience, stating in the decree the amounts payable as fees under
section 45, and the amount, if any, paid to witnesses under section 51 and the persons by whom such
amounts are payable.
42. Instalments.—A village court in ordering the payment of a sum of money or the delivery of any
movable property may direct that the money be paid or the movable property be delivered, by instalments.
43. Decision of village court to be final; but power to order retrial.—The decision of a village
court in any suit shall be final as between the parties to the suits:
Provided that the district judge may on application of any party to the suit made within thirty days
from the date of the decree of the village court, cancel or modify the decree or order of the village court or
direct a retrial of the suit by the same or any other village court or by any other court subordinate to him if
he is satisfied that there has been a failure of justice.
44. Death of parties.—If the plaintiff or defendant in any suit dies before the suit has been decided,
the suit may, subject to the provisions of clause (d) of section 31, be proceeded with at the instance of or
against the legal representatives of the deceased plaintiff or defendant, as the case may be.
45. Fees.—(1) In all suits instituted in a village court a fee of one anna in the rupee shall be payable
in advance by the plaintiff on the amount of the claim upto fifty rupees, and of half anna for every rupee
of the claim above fifty rupees, and such fees shall not be paid to either party.
(2) If the claim in the suit is decreed in full, the amount equal to the fee shall be realised from the
judgement-debtor together with the amount decreed.
(3) If the claim in a suit is decreed in part, an amount equal to a proportionate part of the fee shall be
realised from the judgement-debtor together with the amount decreed.
(4) Any amount realised under sub-section (2) or sub-section (3) shall be paid to the decree-holder.
46. Execution of decree.—(1) If the village court passing a decree is unable to effect satisfaction
thereof, it shall grant the decree-holder a certificate to that effect stating the amount due to him on
account of the decree and the amount due on account of fees under section 45.
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(2) Any decree-holder wishing to execute a decree of a village court may apply to the court of the
munsiff within the local limits of whose jurisdiction the village is situated and shall present with his
application a certified copy of the decree of the village court; but no application for execution shall be
entertained by the court of the munsiff,—
(a) unless the village court has certified that it is a unable to effect satisfaction of the decree, and
(b) unless the application is made after the expiry of three months from the date of the decree.
(3) In executing a decree of the village court the court of the munsiff shall have the same powers and
shall follow the same procedure as if it were executing a decree passed by itself.
47. Limitation for execution of decree or order.—An application for execution of a decree of a
village court made after the expiry of three years from the date of the decree or of any order under
section 43 modifying any such decree, shall be dismissed, although limitation has not been pleaded:
Provided that where the application is made for execution of a decree or order to enforce payment of
a sum of money or delivery of any movable property which the decree or order directs to be made at a
certain date, the application may be made within three years from that date.
48. Procedure before village courts.—(1) The provisions of—
(a) the Court Fees Act, 1870 (7 of 1870),
(b) the Code of Criminal Procedure, 1898 (5 of 1898), and
(c) the Code of Civil Procedure, 1908 (5 of 1908),
shall not apply to any trial or any criminal case or civil suit before a village court.
(2) The procedure to be followed by a village court in any criminal case or civil suit and in the
enforcement of its decisions, sentences, decrees and orders, and in the method of forming a quorum shall
be prescribed by rules made under this Act.
(3) The Indian Evidence Act, 1872 (1 of 1872) shall not apply in the trial of any case or suit by a
village court but the village court shall observe as far as possible the principles underlying that Act.
49. Persons who are to preside over village courts.—(1) The village court shall be presided over by
the chairman of the Village Authority if he is a member of the court.
(2) If the chairman of the Village Authority is absent from a sitting of the village suit of if he is not a
member of the court shall elect its own President.
(3) In the case of difference of opinion among the members of the court the opinion of the majority
shall prevail and the decisions and orders of the court shall be expressed in terms of the views of the
majority.
(4) In the case of an equality of votes the person presiding over the court shall have a second or
casting vote.
50. Village courts not to try any case or suiting in which the Village Authority or any member
thereof is interested.—No village court shall try any criminal case or any civil suit to or in which the
Village Authority or any member thereof is a party or is interested.
51. Attendance of witnesses.—(1) Subject to the provisions of section 53 a village court may by
summons or otherwise send for any person to appear and give evidence or to produce or cause the
production of any document.
(2) A village court shall refuse to summon a witness or to enforce a summons already issued against a
witness, where in the opinion of the court the attendance of the witness cannot be procured without an
amount of delay, expense, or inconvenience which under the circumstances of the case would be
unreasonable.
(3) A village court shall not require any person living at a distance of five miles or more from the seat
of the village court to give evidence or produce any document unless such sum of money be paid to him
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as appears to the court to be sufficient to defray his travelling and other expenses in passing to and from
the court and for one day's attendance.
(4) If any person whom a village court summons by written order to appear or give evidence or to
produce any document before it, fails to obey such summons, such person shall be guilty of an offence
and the village court may take cognizance of such offence and may sentence any person convicted thereof
to a fine not exceeding twenty-five rupees.
52. Appearance of parties before village courts.—(1) The parties to criminal cases triable by a
village court shall appear personally before the court:
Provided that the village court, if it sees reason so to do, may dispense with the personal attendance of
the accused and permit him to appear by agent.
(2) The parties to civil suits triable by a village court may appear by agent.
Explanation.—In sub-section (1) and sub-section (2), “agent” means a full-time servant or a partner or
a relative of the party whom the village court may admit as a fit person to represent that party and who is
authorised to appear and plead for such party.
(3) Notwithstanding anything contained in any law, legal practitioners shall not be permitted to
practice before a village court.
53. Appearance of women.—No woman shall, against her will, be compelled to appear in person
before a village court as an accused or as a party or as a witness.
54. Realisation of fees, fines, etc.—All fees and fines imposed, all sums decreed or compensation
awarded and all sums due on bonds under this Act may be realised under orders of the village court in
such manner as may be prescribed.
55. Registers and records.—Every village court shall maintain registers and records and submit such
returns as may be prescribed.
56. Language of village courts.—All proceedings before a village court shall be Manipuri.