Report of the Tiger Task Force - PRS

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TIGER TASK FORCE REPORT JOINING THE DOTS ■case. Warrant cases under Section 2 (x) of the Codeare those relating to an offence punishable withdeath, imprisonment for life or imprisonment for aterm exceeding two years. As has been listed earlier,the various offences of the Wildlife Protection Act,1972 prescribe punishment of more than two yearsexcept for violation of Section 38J related to teasingof animals in a zoo. Thus, Sections 238-250 of theCode dealing with warrant cases would come intoplay for all the major offences of the Act.When the case is instituted on the basis of apolice report, the magistrate, once satisfied that thevarious documents that were to be handed over to theaccused under Section 207 have been done so[Section 238], proceeds to frame the charge [Section240]. If the magistrate does not believe a case can bemade out on the police documents, he may dischargethe accused [Section 239]. When the accused recordsa plea of guilty he is convicted under Section 241. Ifhe pleads not guilty, the magistrate frames the chargeif a case has been made out and proceeds to hear thecase on merits after the prosecution [Section 242] andthe defence [Section 243] have arrayed the evidencerequired. If the case is not instituted on a policereport, then the magistrate hears the prosecution anddecides whether, on the basis of the evidencepresented by the Prosecution [Section 244], anoffence has been made or not. If no case has beenmade out against the accused, then the magistratedischarges the accused [Section 245]. Otherwise, acharge is framed under Section 246(1), and the mattergoes to trial, following the procedure prescribed inSection 246. With respect to the offence of teasing ina zoo, the procedure followed is the mechanismindicated for a summons case. Summons cases do notrequire the framing of a charge [Section 251] and ifthe accused pleads guilty, the magistrate starts thetrial process as prescribed in Section 254. The forumto be used for conducting trial is guided by Part II ofthe First Schedule of the Code, which deals with theclassification of offences against other laws. On thebasis of the punishment prescribed, the case goesbefore a magistrate (for punishment of imprisonmentof less than three years) or a First Class Magistrate (forimprisonment of three years and not more than sevenyears) or a Sessions Court (for imprisonment of sevenyears, life or the death sentence).D. Special provisionsThe Act prescribes certain special provisions relatingto cognisance of the offence, compoundability of theoffence and presumptions at the stage of trial whichare outlined below:1. Section 54 allows the Government to compoundany notified offence whereby a person, whohas committed such an offence, would bedischarged on paying a certain sum of money[Section 54(2)]. Such compounding is doneonly to the extent of a penalty of Rs 25,000.All such compounding terminates all pendingproceedings in relation to that offence, and nofurther proceeding is taken in respect of thatoffence. The penalty is determined by the forestofficer in accordance with Section 54 (1).2. Every person’s complaint of the violation of theWildlife Protection Act, 1972 does not result in atrial. The process of cognisance — the manner inwhich judicial notice is taken of the offence — islimited to complaints according to the provisionsof Section 55, which lists authorities like theDirector, Wild Life Preservation, Member-Secretary, Central Zoo Authority as beingcompetent to make the complaint. Section 55 (c)also allows any general member of the public tomake a complaint, after giving notice of 60 daysto the government that he intends to do so. If thegovernment does not proceed on theprosecution, then such a person could complainto the Court, which would then take cognisanceof the offence.3. Other special provisions relate to presumptionsin Section 57, which reverses the onus ofproof on to the person who has been caught withan animal part and presumes unlawfulpossession of the same unless the contrary isproved.4. A special provision relating to offences bycompanies in Section 58 pins liability on theperson from the company who has connived inthe commission of the offence.5. Any person involved in the abetment or attemptto violate the provisions of the Act is deemed tohave violated that provision and punishmentaccordingly follows [Section 52].Annexures 205
■ JOINING THE DOTS TIGER TASK FORCE REPORTANNEXURE-XII Guidelines on establishment ofwildlife wings etc issued during theperiod 1973- 19811. Letter No. 694-PMO/73 dated 27 December 1973 of the Prime Minister to the Chief Ministers of all States.2. Letter No. 15/ii (i)74-AIS(IV) dated 16 January 1976 of the Cabinet Secretariat (Deptt of Personnel and AR)to the Chief Secretaries of all States and UTs.3. Letter No. J-11014/75-76 FRY(WL) dated 16 September 1976 of Joint Secretary (F&WL), Ministry ofAgriculture to the Chief Secretaires of all States and UTs.4. Letter No. J-11014/75-74 FRY(WL) dated 25 October 1976 of Joint Secretary (F&WL), Ministry of Agricultureto the Forest Secretaries of all States and UTs.5. Letter No. 279-PMO/76 dated 16 December 1976 of the Prime Minister to the Chief Ministers of all States.6. Letter No. 5-6/80-FRY(WL) dated 8 April 1980 of the Union Minister of Agriculture to all Governors andChief Ministers.7. Letter No. 660-PMO/80 dated 20 April 1980 of the Prime Minister to all Governors and Chief Ministers.8. Letter No. 8-1/80-FRY(WL) dated 21 April 1981 of Joint Secretary (F&WL), Ministry of Agriculture to theForest Secretaries of all States and UTs.206 Annexures
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THE REPORT OF THE TIGER TASK FORCEJ
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ContentsIntroductionExecutive summa
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IntroductionThe Tiger Task Force wa
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Wildlife research has been facing s
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04Action plan for changeKey recomme
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05References
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Report of the Tiger Task Force - PRS

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