Wild Life (Protection) Act, 1972
51. Penalties
(1) Any person who 65[contravenes
any provision of this Act 66[(except Chapter VA and section 38J)]]
any rule or order made thereunder or who commits a breach of any of the
conditions of any license 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 66[three years] or with
fine which may extend to 66[twenty-five thousand rupees] or with
both:
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 66[relates to
hunting in, or altering the boundaries of] a sanctuary or a National Park, such
offence shall be punishable with imprisonment for a term which shall not be
less than 66[one year] but may extend to six years and also with
fine which shall not be less than 66[five thousand rupees:]
66 [Provided further
that in the case of a second or subsequent offence of the nature mentioned in
this sub-section, the term of imprisonment may extend to six years and shall
not be less than two years and the amount of fine shall not be less than ten
thousand rupees:]
67 [(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 extend to seven
years and also with fine which shall not be less than five thousand rupees.]
68 [(1B) Any person who contravenes
the provisions of section 38J shall be punishable with imprisonment for a term
which may extend to six months, or with fine which may extend to two thousand
rupees, or with both:
Provided that in the case of a second
or subsequent offence the term of imprisonment may extend to one year, or with
fine which may extend to 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, 66[uncured
trophy, meat, ivory imported into India or an article made from such ivory, any
specified plant, or part or derivative thereof] 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 license or permit, held by such person under the provisions of this Act, be
cancelled.
(3) Such cancellation
of license 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
license, if any, granted to such person under the Arms Act, 1959 (54 of 1954),
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
license under the Arms Act, 1959 (54 of 1954), for a period of five years from
the date of conviction.
68 [(5) Nothing contained
in section 360 of the Code of Criminal Procedure, 1973 (2 of 1974) or in the
Probation of Offenders Act, 1958 (20 of 1958) shall apply to a person convicted
of an offence with respect to hunting in a sanctuary or a National Park or of
an offence against any provision of Chapter VA unless such person is under
eighteen years of age.]