Section 51 of WLPA : Section 51: Penalties

Explanation using Example

Imagine a scenario where a group of poachers enters a National Park, which is a protected area under the Wild Life (Protection) Act, 1972. They hunt and kill a Bengal tiger, an animal listed in Schedule I of the Act. The forest officials manage to apprehend the poachers and seize the remains of the tiger, their hunting equipment, and the vehicle used for this illegal activity.

Under Section 51 of the Wild Life (Protection) Act, 1972, these poachers would face severe legal consequences. Since they have committed an offence involving an animal specified in Schedule I, and the offence took place within a National Park, they are liable for imprisonment for a term not less than three years, which may extend to seven years. Additionally, they would also be subject to a fine not less than twenty-five thousand rupees.

If the court convicts the poachers, it may also order the forfeiture of the seized tiger remains, their hunting equipment, and the vehicle to the State Government. Furthermore, any permits or licences held by the poachers under the Act could be cancelled. If any of the poachers were in possession of an arms licence, the court might cancel that licence and prohibit them from obtaining a new one for a period of five years following their conviction.

Moreover, if this was not their first offence but a second or subsequent one, the minimum punishment would be even more stringent, with imprisonment and fines increasing substantially. In this case, the provisions for probation typically available under other laws would not apply, emphasizing the seriousness of wildlife offences.

If the incident took place in Assam, the punishments could be even more severe due to the state amendment, which increases the minimum and maximum terms of imprisonment and fines for such offences.