Legal notices

Section 80 CPC: notice before suing the Government

Before you file a suit against the Central Government, a State Government, or a public officer for something done in their official capacity, Section 80 of the Code of Civil Procedure, 1908 requires a written notice and a wait of two months. A suit filed without it, or too early, can fail on that ground alone.

Law checked on 9 November 2026.

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Wait after delivery: Two months
Urgent case: With leave of the court, s.80(2)
Minor defects: Do not defeat the suit, s.80(3)
Limitation: Notice period is excluded

Who must receive it

Keep proof of delivery. The two months run from the day the notice is delivered or left at the office.

A suit against the Central Government: a Secretary to that Government; if it relates to a railway, the General Manager of that railway.
A suit against a State Government: a Secretary to that Government, or the Collector of the district.
A suit against a public officer for an act in their official capacity: the officer, delivered to them or left at their office.

What it must say

Section 80(3) protects a notice with small errors: the suit is not dismissed for a defect in the notice if it identifies the person suing, was delivered to the right office, and states the cause of action and the relief well enough.

The name, description and place of residence of the person who will sue.
The cause of action: what was done or not done, and when.
The relief that will be claimed.

Urgent cases

If you need urgent or immediate relief, Section 80(2) lets you file without the notice, with the court's leave. The court will not grant relief, interim or final, without first giving the Government or officer a reasonable chance to show cause. If it finds no urgency, it returns the plaint to be filed again after the notice.

Time limits

The two months of the notice do not count against your limitation period: Section 15(2) of the Limitation Act, 1963 excludes them. A suit filed before the two months end is not maintainable; the Supreme Court said so in Bihari Chowdhary v State of Bihar (1984).

When Section 80 does not apply

Writ petitions under Article 226 or 32 of the Constitution: Section 80 covers suits, not writs.
Companies and corporations owned by the Government are separate bodies; courts have generally held they are not "the Government" for Section 80. Their own law, or a municipal law, may still require a notice before a suit.

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Questions people ask

How long must I wait after a Section 80 notice?

Two months from the day the notice is delivered or left at the office. Filing earlier can make the suit not maintainable.

Can I file without the notice in an emergency?

Yes, with the court's leave under Section 80(2), if you need urgent or immediate relief. The court hears the Government before granting relief.

Will a small mistake in the notice ruin my case?

Not by itself. Under Section 80(3), the suit is not dismissed for an error in the notice if it identifies you, reached the right office and states the cause of action and relief sufficiently.

Does the notice period eat into my limitation?

No. Section 15(2) of the Limitation Act, 1963 excludes the notice period when the time limit is counted.

Sources

General information on Indian law, not legal advice for your situation. Time limits and procedure can turn on facts and on State law; an advocate can tell you how they apply to you.