Section 51. Penalties

51. Penalties .—(1) Any person who[1] [contravenes any provision of this Act[2] [(except Chapter VA and section 38J)]]or any rule or order made thereunder or who commits a breach of any of the conditions of any licence 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[3] [three years], or with fine which may extend to[4] [one lakh rupees], or with both: 5[Provided that where the offence committed is in relation to any animal specified in Schedule I 6* or meat of any such animal or animal article, trophy or uncured trophy derived from such animal or where the offence relates to hunting in a sanctuary or a National Park or altering the boundaries of a sanctuary or a National Park[7] [or where the offence relates to a specimen of a species listed on Appendix I of Schedule IV], such offence shall be punishable with imprisonment for a term which shall not be less than three years but may extend to seven years and also with fine which shall not be less than[8] [twenty-five thousand rupees]: Provided further that in the case of a second or subsequent offence of the nature mentioned in this sub-section, the term of the imprisonment shall not be less than three years but may extend to seven years and also with fine which shall not be less than[9] [one lakh rupees].] 10[(1A) Any person who contravenes any provisions of Chapter VA, shall be punishable with imprisonment for a term which shall not be less than[11] [three years] but which may extend to seven years and also with fine which shall not be less than[12] [twenty-five thousand rupees].] 13[(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 the fine may extend to five thousand rupees.] 14[(1C) Any person, who commits an offence in relation to the core area of a tiger reserve or where the offence relate to hunting in the tiger reserve or altering the boundaries of the tiger reserve, such offence shall be punishable on first conviction with imprisonment for a term which shall not be less than three years,but may extend to seven years, and also with fine which shall not be less than fifty thousand rupees but may extend to two lakh rupees; and in the event of a second or subsequent conviction with imprisonment for a term of not less than sevee years and also with fine which shall not be less than five lakh rupees but may extend to fifty lakh rupees. (1D) Whoever, abets any offence punishable under sub-section (IC) shall, ifthe act abetted is committed in consequence of the abetment, be punishable with the punishment provided for that offence.] (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,[15] [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 1. Subs. by Act 28 of 1986, s. 4, for "contravenes any provision of this Act" (w.e.f. 25-11-1986). 2. Subs. by Act 44 of 1991, s. 37, ibid ., for "(except Chapter VA)" (w.e.f. 2-10-1991). 3. Subs. by s. 37, ibid ., for "two years" (w.e.f. 2-10-1991). 4. Subs. by Act 18 of 2022, s. 32, for "twenty-five thousand rupees" (w.e.f. 1-4-2023), earlier subs. by s. 37, Act 44 of 1991, for "two thousand rupees" (w.e.f. 2-10-1991). 5. Subs. by Act 16 of 2003, s. 30, for the first and second provisos (w.e.f. 1-4-2003). 6. The words and figures "or Part II of Schedule II" omitted by Act 18 of 2022, s. 32 (w.e.f. 1-4-2023). 7. Ins. by Act 18 of 2022, s. 32, ibid. (w.e.f. 1-4-2023). 8. Subs. by s. 32, ibid ., for "ten thousand rupees" (w.e.f. 1-4-2023). 9. Subs. by s. 32, ibid ., for "twenty-five thousand rupees" (w.e.f. 1-4-2023). 10. Ins. by Act 28 of 1986, s. 4 (w.e.f. 25-11-1986). 11. Subs. by Act 16 of 2003, s. 30, for "one year" (w.e.f. 1-4-2003). 12. Subs. by Act 18 of 2022, s. 32, for "ten thousand rupees" (w.e.f. 1-4-2023), earlier ins. by Act 44 of 1991, s. 37 (w.e.f. 2-10-1991). 13. Ins. by Act 44 of 1991, s. 37 (w.e.f. 2-10-1991). 14. Ins. by Act 39 of 2006, s. 3 (w.e.f. 4-9-2006). 15. Subs. by s. 37, ibid ., for "uncured trophy or meat" (w.e.f. 2-10-1991). to the State Government and that any licence or permit, held by such person under the provisions of this Act, be cancelled. (3) Such cancellation of licence 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 licence, if any, granted to such person under the Arms Act, 1959 (54 of 1959), 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 licence under the Arms Act, 1959, for a period of five years from the date of conviction. 1[(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.] STATE AMENDMENTS Assam Amendment of section 51 .—In the principal Act, in section 51, in sub-section (1), (i) in the first proviso,— (a) in between the words "hunting in" and "a sanctuary" the words "or outside the boundary of" shall be inserted; (b) for the words "three years", "seven years" and "ten thousand", the words "seven years", "ten years" and "fifty thousand" respectively shall be substituted. (ii) in the second proviso, for the words "three years", "seven years" and "twenty five thousand", the words "ten years", "life imprisonment" and "seventy five thousand" respectively, shall be substituted. [ Vide Assam Act 31 of 2010, s. 2]. 2[51A. Certain conditions to apply while granting bail .—When any person accused of, the commission of any offence relating to Schedule I[3] * or offences relating to hunting inside the boundaries of National Park or wild life sanctuary or altering the boundaries of such parks and sanctuaries, is arrested under the provisions of the Act, then notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974) no such person who had been previously convicted of an offence under this Act shall, be released on bail unless— (a) the Public Prosecutor has been given an opportunity of opposing the release on bail; and (b) where the Public Prosecutor opposes the application, the Court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail.] STATE AMENDMENTS Assam Insertion of section 51B .—In the principal Act, after section 51A, the following new section 51B shall be inserted, namely:— "51B. Offences to be cognizable, non bailabale and triable by the Court of Sessions .—(1) Every offence punishable under this Act shall be congnizable and non-bailable within the meaning of the Code of Criminal Procedure, 1973. 1. Ins. by Act 44 of 1991, s. 37 (w.e.f. 2-10-1991). 2. Ins. by Act 16 of 2003, s. 31 (w.e.f. 1-4-2003). 3. The words and figures "or Part II of Schedule II" omitted by Act 18 of 2022, s. 33 (w.e.f. 1-4-2023). (2) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, no person accused of an offence punishable under this Act, shall be released on bail unless— (a) the Public Prosecutor has been given an opportunity to oppose the application for such release; and (b) where the Public Prosecutor opposes the application, the court is satisfied that there are reasonable grounds for believing that the accused is not likely to commit any offence while on bail. (3) The offences under this Act, shall be triable by the Court of Sessions of the respective jurisdiction." [ Vide Assam Act 31 of 2010, s. 3].