Section 51A of The Wild Life (Protection) Act, 1972
1[51A. Certain conditions to apply while granting bail.--When any person accused of, the commission of any offence relating to Schedule I 2*** 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 AMENDMENT 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.
- (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].
Summary
- This section places strict limits on when a person accused of serious wildlife crimes can be released on bail.
- It applies specifically to crimes involving Schedule I animals or hunting within National Parks and sanctuaries.
- A person who has been convicted of a wildlife offense in the past cannot be released on bail unless the Public Prosecutor has a chance to argue against it.
- If the prosecutor opposes bail, the court must be convinced there are strong reasons to believe the person is actually innocent.
- The court must also believe the accused person is not likely to commit another crime while out on bail.
- These rules override the standard bail procedures found in general criminal law to ensure better protection for endangered species.
Practical examples
FAQ
1. Does Section 51A of The Wild Life (Protection) Act, 1972 apply to all wildlife offenses?
No, Section 51A of the Act only applies to offenses involving Schedule I animals or hunting and boundary changes in National Parks and sanctuaries.
2. Can a repeat offender get bail easily under Section 51A of the Wild Life Protection Act?
No, Section 51A of the Act requires the court to be satisfied that a previously convicted person is not guilty and unlikely to offend again before granting bail.
3. Who must be given an opportunity to oppose bail under Section 51A of the wildlife law?
Under Section 51A of the nature law, the Public Prosecutor must be given an opportunity to oppose the release on bail.
4. What happens if the Public Prosecutor opposes bail under Section 51A of the protection Act?
If the prosecutor opposes bail, Section 51A of the Act says the court can only grant it if it believes the accused is likely innocent and won't commit further crimes.
Test yourself
Q1.Under Section 51A of The Wild Life (Protection) Act, 1972, for which animals do the special bail conditions apply?
Q2.Under Section 51A of the nature law, what is required before a previously convicted person can be released on bail?
Q3.According to Section 51A of the protection Act, what must the court believe to grant bail if the prosecutor opposes it?
Q4.Does Section 51A of The Wild Life (Protection) Act, 1972 apply to offenses committed inside a wildlife sanctuary?