(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 1[or
the Management Authority or any officer authorised by the Management Authority] 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 2[or any customs officer not below the rank of an inspector or any officer of the coast guard
not below the rank of an Assistant Commandant], 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 3[trophy, uncured trophy, specified plant or part or derivative thereof 4[or scheduled specimen]] 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;
5[(c) seize any captive animal, wild animal, animal article, meat, trophy or uncured trophy, or any specified plant or part or derivative thereof, in respect of which an offence against this Act appears to have been committed, in the possession of any person 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, anddetain him:
Provided that where a fisherman, residing within ten kilometres of a sanctuary or National Park, inadvertently enters on a boat, not used for commercial fishing, in the territorial waters in that sanctuary or National Park, a fishing tackle or net on such boat shall not be seized.]
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(3) It shall be lawful for any of the officers referred to in sub-section (1) to stop and detainany 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.
7[(3A) Any officer of a rank not inferior to that of an Assistant Director of Wild Life Preservation or 8[an Assistant Conservator of Forests who, or whose subordinate, has seized any captive animal or wild animal under clause (c) of sub-section (1) may give the same for custody on the execution by any person of a bond for the production of such animal if and when so required, before the Magistrate having jurisdiction to try the offence on account of which the seizure has been made.]
(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 6[under intimation to the Chief Wild Life Warden or the officer authorised by him in this regard.]
(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.
9[(6) Where any meat, uncured trophy, specified plant or part or derivative thereof 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 disposal of the same in such manner as may be prescribed.]
(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.
10[(8) Notwithstanding anything contained in any other law for the time being in force, any officer not below the rank of an Assistant Director of Wild Life Preservation[ or 11[an officer not below the rank of Assistant Conservator of Forests authorised by the State Government in this behalf] shall have the powers, for purposes of making investigation into any offence against any provision of this Act—
(a) to issue a search warrant;
(b) to enforce the attendance of witnesses;
(c) to compel the discovery and production of documents and material objects; and
(d) to receive and record evidence.
(9) Any evidence recorded under clause (d) of sub-section (8) shall be admissible in any subsequent trial before a Magistrate provided that it has been taken in the presence of the accused person.]
1. Ins. by Act 18 of 2022, s. 31 (w.e.f. 1-4-2023).
2. Ins. by s. 31, ibid. (w.e.f. 1-4-2023).
3. Subs. by s. 36, ibid., for "trophy or uncured trophy " (w.e.f. 2-10-1991).
4. Ins. by Act 18 of 2022, s. 31 (w.e.f. 1-4-2023).
5. Subs. by Act 44 of 1991, s. 36, for clause (c) (w.e.f. 2-10-1991).
6. Sub-section (2) omitted by s. 36, ibid (w.e.f. 2-10-1991).
7. Ins. by s. 36, ibid. (w.e.f. 2-10-1991).
8. Subs. by Act 16 of 2003, s. 29, for "Wild Life Warden," (w.e.f. 1-4-2003).
9. Ins. by s. 29, ibid. (w.e.f. 1-4-2003).
10. Subs. by s. 29, ibid., for sub-section (6) (w.e.f. 1-4-2003).
11. Ins. by Act 44 of 1991 s. 36 (w.e.f. 2-10-1991).
(a) require any such person to produce for inspection any captive animal, wild animal, animal article, meat, trophy or 3[trophy, uncured trophy, specified plant or part or derivative thereof 4[or scheduled specimen]] 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;
5[(c) seize any captive animal, wild animal, animal article, meat, trophy or uncured trophy, or any specified plant or part or derivative thereof, in respect of which an offence against this Act appears to have been committed, in the possession of any person 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, anddetain him:
Provided that where a fisherman, residing within ten kilometres of a sanctuary or National Park, inadvertently enters on a boat, not used for commercial fishing, in the territorial waters in that sanctuary or National Park, a fishing tackle or net on such boat shall not be seized.]
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(3) It shall be lawful for any of the officers referred to in sub-section (1) to stop and detainany 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.
7[(3A) Any officer of a rank not inferior to that of an Assistant Director of Wild Life Preservation or 8[an Assistant Conservator of Forests who, or whose subordinate, has seized any captive animal or wild animal under clause (c) of sub-section (1) may give the same for custody on the execution by any person of a bond for the production of such animal if and when so required, before the Magistrate having jurisdiction to try the offence on account of which the seizure has been made.]
(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 6[under intimation to the Chief Wild Life Warden or the officer authorised by him in this regard.]
(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.
9[(6) Where any meat, uncured trophy, specified plant or part or derivative thereof 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 disposal of the same in such manner as may be prescribed.]
(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.
10[(8) Notwithstanding anything contained in any other law for the time being in force, any officer not below the rank of an Assistant Director of Wild Life Preservation[ or 11[an officer not below the rank of Assistant Conservator of Forests authorised by the State Government in this behalf] shall have the powers, for purposes of making investigation into any offence against any provision of this Act—
(a) to issue a search warrant;
(b) to enforce the attendance of witnesses;
(c) to compel the discovery and production of documents and material objects; and
(d) to receive and record evidence.
(9) Any evidence recorded under clause (d) of sub-section (8) shall be admissible in any subsequent trial before a Magistrate provided that it has been taken in the presence of the accused person.]
1. Ins. by Act 18 of 2022, s. 31 (w.e.f. 1-4-2023).
2. Ins. by s. 31, ibid. (w.e.f. 1-4-2023).
3. Subs. by s. 36, ibid., for "trophy or uncured trophy " (w.e.f. 2-10-1991).
4. Ins. by Act 18 of 2022, s. 31 (w.e.f. 1-4-2023).
5. Subs. by Act 44 of 1991, s. 36, for clause (c) (w.e.f. 2-10-1991).
6. Sub-section (2) omitted by s. 36, ibid (w.e.f. 2-10-1991).
7. Ins. by s. 36, ibid. (w.e.f. 2-10-1991).
8. Subs. by Act 16 of 2003, s. 29, for "Wild Life Warden," (w.e.f. 1-4-2003).
9. Ins. by s. 29, ibid. (w.e.f. 1-4-2003).
10. Subs. by s. 29, ibid., for sub-section (6) (w.e.f. 1-4-2003).
11. Ins. by Act 44 of 1991 s. 36 (w.e.f. 2-10-1991).