Report of the Tiger Task Force - PRS

TIGER TASK FORCE REPORT JOINING THE DOTS ■ANNEXURE-XI Amending the criminal provisions ofthe Wildlife (Protection) Act, 1972■ Critique by PILSAC, New Delhi for the Tiger Task ForceA. Offences and penalties● The Act prescribes various offences andpenalties. These are discussed below:a. Any violation of the provisions of the Act, itsrules or orders made thereunder attracts apunishment of three years or a fine up to Rs25,000 or both [Section 51(1)]. A second orsubsequent offence of the same nature attracts animprisonment term of at least three yearsextending to seven years and a minimum fine ofRs 25,000 [second proviso to Section 51(1)].b. Where offences are committed in relation toanimals mentioned in Schedule I, or Part II ofSchedule II, or where the offence relates tohunting in a sanctuary or national park orchanging their boundaries, the punishment willbe at least three years imprisonment extending toseven years and a fine of Rs 25,000 [first provisoto Section 51(1)].c. Violation of provisions prohibiting trade orcommerce in trophies, animal articles and thelike, derived from certain animals, would attracta punishment of at least three years ofimprisonment extending to seven years and afine of Rs 10,000 [Section 51(1A)].d. Any person who teases, molests, injures, feedsanimals in zoos or causes disturbance to animalsor litters the zoo will be punishable byimprisonment for a term of six months or a finewhich may extend to Rs 2,000 or with both[Section 51(1B)].e. Persons convicted under the provisions of theAct also stand to lose their license or permit[Section 51(2) and 51(3)] while also having theirlicense under the Arms Act, 1959 cancelled/reinforced by an order that no re-issue of armslicense be made till up to five years from the dateof conviction [Section 51(4)]. They will also haveno claim to the vehicle used while the offencewas being committed [Section 51(2)]. It alsobecomes difficult for persons convicted toreceive bail under Section 51A.f. Persons who, without reasonable cause, fail toproduce the things they are required to produceunder the Act, will be guilty of the offence[Section 50 (8)].g. It is also important to point out that prosecutionunder any other law is not barred for any act whichconstitutes an offence under this Act, or from beingpunished for a higher punishment or penalty thanthat provided by this Act [Section 56].B. Special provisions relating to theinvestigation procedure1. The Act prescribes distinct and specialprocedures for investigation which are (a)different from those for the investigation of anoffence under the Code of Criminal Procedure,1973 and (b) ostensibly designed to empowerforest officials to initiate and participate in theinvestigation process so that any immediateviolation of the Act can be remedied. To the extentto which forest officials have been brought into theinvestigative process to deal with an immediatetransgression of the regime of the Act, theseprovisions are salutary. But after an initialinvestigation is enabled in this way, the procedurelimps forward, only to get ensnared as a relativelyminor case through the criminal process.2. It might be useful to recount the specialinvestigative provisions of the Act of 1972 (asamended). These are as follows:● Power to enter, search and seize● Power to arrest and detain● Power to record evidence● Duty to render assistance● Power to destroy or disposePower of entry, search and seizure:Section 50 (1) (a) allows certain officials, includingthe Director or any other officer authorised by him inthis behalf, or the Chief Wildlife Warden or theauthorised officer or any forest officer or any policeofficer not below the rank of a sub-inspector, torequire the production, for purposes of inspection,any article of wildlife or license and permitdocuments to be kept by the person under theprovisions of the Act. These officers are also givenpowers of search [Section 50 (1) (b)] and seizure[Section 50 (1) (c)].It should be noted that this immediate power ofentry, search and seizure can be exercised to (a)require any animal, trophy to be produced; (b) stop avehicle or search premises, baggage or other things;Annexures 203