Sections 50 to 58: Powers, Penalties and Presumptions

In one line

Who may search, what the punishment is, when bail is restricted, who may compound, who may complain, and the presumption that decides most trials.

In exam wording: section 50 of the Wild Life (Protection) Act 1972 empowers the Director or an officer authorised by him, the Management Authority or its authorised officer, the Chief Wild Life Warden or the authorised officer, any forest officer, any police officer not below the rank of sub-inspector, any customs officer not below the rank of inspector and any officer of the coast guard not below the rank of Assistant Commandant, on reasonable grounds for believing that a person has committed an offence, to require production of an animal, article, meat, trophy, specified plant or scheduled specimen and of any licence, permit or document, to stop and search a vehicle or vessel and to enter and search premises, land, baggage or things, and to seize such items together with any trap, tool, vehicle, vessel or weapon used and, unless satisfied that the person will appear and answer the charge, to arrest him without warrant and detain him; section 51 prescribes the penalties; section 51A restricts bail; section 52 makes an attempt or abetment a contravention; section 53 punishes vexatious seizure; section 54 permits compounding; section 55 restricts cognizance; section 56 preserves other laws while forbidding double punishment; section 57 raises a presumption of unlawful possession; and section 58 provides for offences by companies.

Section 50: the powers, and who has them

Seven classes of officer, notwithstanding anything in any other law: the Director or an officer authorised by him; the Management Authority or an officer it authorises; the Chief Wild Life Warden or the authorised officer; any forest officer; any police officer not below the rank of a sub-inspector; any customs officer not below the rank of an inspector; and any officer of the coast guard not below the rank of an Assistant Commandant.

The threshold. Reasonable grounds for believing that a person has committed an offence against the Act.

(a) Production. Require the person to produce for inspection any captive animal, wild animal, animal article, meat, trophy, uncured trophy, specified plant or part or derivative, 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.

(b) Search. Stop any vehicle or vessel to conduct a search or inquiry; enter upon and search any premises, land, vehicle or vessel in his occupation; and open and search any baggage or other things in his possession.

(c) Seizure and arrest. Seize the animal, article, meat, trophy, specified plant or derivative in respect of which an offence appears to have been committed, together with any trap, tool, vehicle, vessel or weapon used for committing it; and, unless satisfied that the person will appear and answer any charge, arrest him without warrant and detain him.