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| Home > Indian Bare Acts > THE WILD LIFE (PROTECTION) ACT, 1972 > CHAPTER VI PREVENTION AND DETECTION OF OFFENCES |
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| THE WILD LIFE (PROTECTION) ACT, 1972 |
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Title : THE WILD LIFE (PROTECTION) ACT, 1972
Year : 1972
Act :
CHAPTER VI
PREVENTION AND DETECTION OF OFFENCES
50.
Power of entry , search, arrest and detention.
50. Power of entry , search, arrest and detention. (1)
Notwithstanding anything contained in any other law for the time being in force, the Director or any other officer authorised by him in this behalf or the Chief Wild Life Warden or the authorised officer or any forest officer or any police officer not below the rank of a sub-
inspector, may, if he has reasonable grounds for believing that any person has committed an offence against this Act,--
(a) require any such person to produce for inspection any captive animal, wild animal, animal article, meat, trophy or uncured trophy in his control, custody or possession, or any licence, permit or other document granted to him or required to be kept by him under the provisions of this Act;
(b) stop any vehicle or vessel in order to conduct search or inquiry or enter upon and search any premises, land, vehicle or vessel, in the occupation of such person, and open and search any baggage or other things in his possession;
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1. Ins. by Act 28 of 1986, S. 3 (w.e.f. 25.11.1986).
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425.(c) seize any captive animal, wild animal, animal article, meat, trophy or uncured trophy in the possession of any person and appearing to him to be Government property, together with any trap, tool, vehicle, vessel or weapon used for committing any such offence, and unless he is satisfied that such person will appear and answer any charge which may be preferred against him, arrest him without warrant, and detain him.
(2) Any officer of a rank not inferior to that of an Assistant
Director of Wild Life Preservation or Wild Life Warden, who, or whose subordinate, has seized any trap, tool, vehicle, vessel or weapon under clause (c) of sub-section (1), may release the same, on the execution by the owner thereof of a bond for the production of the property so released, if and when so required, before the Magistrate having jurisdiction to try the offence on account of which the seizure has been made.
(3) It shall be lawful for any of the officers referred to in sub-section (1) to stop and detain- any person, whom he sees doing any act for which a licence or permit is required under the provisions of this Act, for the purposes of requiring such person to produce the licence or permit and if such person fails to produce the licence or permit, as the case may be, he may be arrested without warrant, unless he furnishes his name and address, and otherwise satisfies the officer arresting him that he will duly answer any summons or other proceedings which may be taken against him.
(4) Any person detained, or things seized under the foregoing power, shall forthwith be taken before a Magistrate to be dealt with according to law.
(5) Any person who, without reasonable cause, fails to produce anything, which he is required to produce under this section, shall be guilty of an offence against this Act.
(6) (a) Where any meat or uncured trophy is seized under the provisions of this section, the Assistant Director of Wild Life
Preservation or any other officer of a gazetted rank authorised by him in this behalf or the Chief Wild Life Warden or the authorised officer may arrange for the sale of the same and deal with the proceeds of such sale in such manner as may be prescribed.
(b) Where it is proved, that the meat or uncured trophy seized under the provisions of this section is not Government property, the proceeds of the sale shall be returned to the owner.
(7) Whenever any person is approached by any of the officers referred to in sub-section (1) for assistance in the prevention or detection of an offence against this Act, or in apprehending persons charged with the violation of this Act, or for seizure in accordance with clause (c) of sub-section (1), it shall be the duty of such person or persons to render such assistance.
51.Penalties.
51. Penalties. (1) Any person who ["contravenes any provision of this Act (except Chapter VA)] any rule or rule or order thereunder or who commits a breach of any of the conditions of any licence or permit granted under this Act, shall be guilty of an offence against this
Act, and shall, on conviction, be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to two thousand rupees, or with both:
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1. Subs. by Act 28 of 1986, S. 4 (w.e.f. 25.11.1986).
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426.Provided that where the offence committed is in relation to any animal specified in Schedule I or Part II of Schedule II or meat of any such animal or animal article, trophy or uncured trophy derived from such animal or where the offence relates to hunting in a sanctuary or a National Park, such offence shall be punishable with imprisonment for a term which shall not be less than six months but may extend to six years and also with fine which shall not be less than five hundred rupees:
Provided further that in the case of a second or subsequent offence of the nature mentioned in the foregoing proviso, the term of imprisonment shall not be less than one year and the amount of the fine shall not be less than one thousand rupees.
1["(1A) Any person who contravenes any provisions of Chapter VA, shall be punishable with imprisonment for a term which shall not be less than one year but which may extent to seven years and also with fine which shall not be less than five thousand rupees."]
(2) When any person is convicted of an offence against this Act, the Court trying the offence may order that any captive animal, wild animal, animal article, trophy, uncured trophy or meat in respect of which the offence has been committed, and any trap, tool, vehicle, vessel or weapon, used in the commission of the said offence be forfeited to the State Government and that any licence or permit, held by such person under the provisions of this Act, be cancelled.
(3) Such cancellation of licence or permit or such forfeiture shall be in addition to any other punishment that may be awarded for such offence.
(4) Where any person is convicted of an offence against this
Act, the Court may direct that the licence, if any, granted to such person under the Arms Act, 1959, (54 of 1959.) for possession of any arm with which an offence against this Act has been committed, shall be cancelled and that such person shall not be eligible for a licence under the Arms Act, 1959, for a period of five years from the date of conviction.
52.Attempts and abetment.
52. Attempts and abetment. Whoever attempts to contravene, or abets the contravention of, any of the provisions of this Act or of any rule or order made thereunder shall be deemed to have contravened that provision or rule or order, as the case may be.
53.Punishment for wrongful seizure.
53. Punishment for wrongful seizure. If any person, exercising powers under this Act, vexatiously and unnecessarily seizes the property of any other person on the pretence of seizing it for the reasons mentioned in section 50. he shall, on conviction, be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both.
54.Power to compound offences.
54. Power to compound offences. (1) The State Government may, by notification, empower the Chief Wild Life Warden or any officer of a rank not inferior to that of a Deputy Conservator of Forests;--
(a) to accept, from any person against whom a reasonable suspicion exists that he has committed an offence against this Act, payment of a sum of money by way of composition of the offence which such person Is suspected to have committed;
and
(b) when any property has been seized as liable to be forfeited to release the same on payment of the value thereof as estimated by such officer.
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1 Ins. by Act 28 of 1986, s. 4 (w.e.f 25.11.1986).
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427.(2) On payment of such sum of money or such values or both, as the case may be, to such officer, the suspected person, if in custody, shall be discharged, and the property, other than Government property, if any, seized, shall be released and no further proceedings in respect of the offence shall be taken against such person.
(3) The officer compounding any offence may order the cancellation of any licence or permit granted under this Act to the offender, or if not empowered to do so, may approach an officer so empowered, for the cancellation of such licence or permit.
(4) The sum of money accepted or agreed to be accepted as composition under clause (b) of subsection (1) shall, in no case, exceed the sum of two thousand rupees-
Provided that no offence, for which a minimum period of imprisonment has been prescribed in sub-section (1) of section 51, shall be compounded.
55.Cognizance of offences.
55. Cognizance of offences. No court shall take cognizance of any offence against this Act except on the complaint of the Chief Wild
Life Warden or such other officer as the State Government may authorise in this behalf.
56.Operation of other laws not barred.
56. Operation of other laws not barred. Nothing in this Act shall be deemed to prevent any person from being prosecuted under any other law for the time being in force, for any act or omission which constitutes an offence against this Act or from being liable under such other law to any higher punishment or penalty than that provided by this Act:
Provided that no person shall be punished twice for the same offence.
57.Presumption to be made in certain cases.
57. Presumption to be made in certain cases. Where, in any prosecution for an offence against this Act, it is established that a person is in possession, custody or control of any captive animal, animal article, meat, trophy or uncured trophy, it shall be presumed, until the contrary is proved, the burden of proving which shall lie on the accused, that such person is in unlawful possession, custody or control of such captive animal, animal article, meat, trophy or uncured trophy.
58.Offences by Companies.
58. Offences by Companies. (1) Where an offence against this
Act has been committed by a company, every person who, at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:
Provided that nothing contained in this sub-section shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where an offence against this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
428.Explanation.-For the purposes of this section,-
(a) "company" means any body corporate and includes a firm or other association of individuals; and
(b) "director", in relation to a firm, means a partner in the firm.
Last updated on February, 2008
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