Section 54 of The Wild Life (Protection) Act, 1972
1[54. Power to compound offence.-- (1) The Central Government may, by notification, empower the Director of Wild Life Preservation or any other officer not below the rank of Assistant Director of Wild Life Preservation and in the case of a State Government in the similar manner, empower the Chief Wild Life Warden or any officer of a rank not below the rank of a Deputy Conservator of Forests, to accept from any person against whom a reasonable suspicion exists that he has committed an offence against this Act, payment of a sum of money by way of composition of the offence which such person is suspected to have committed.
- (2)On payment of such sum of money to such officer, the suspected person, if in custody, shall be discharged and no further proceedings in respect of the offence shall be taken against such person.
- (3)The officer compounding any offence may order the cancellation of any licence or permit granted under this Act to the offender, or if not empowered to do so, may approach an officer so empowered, for the cancellation of such licence or permit.
- (4)The sum of money accepted or agreed to be accepted as composition under sub-section (1) shall, in no case, exceed the sum of 2[five lakh rupees]: Provided that no offence, for which a minimum period of imprisonment has been prescribed in section 51, shall be compounded.]
Summary
- This section allows certain wildlife offenses to be "compounded," which means settled by paying a sum of money instead of going through a full court trial.
- Only specific high ranking officials, like the Chief Wild Life Warden or a Deputy Conservator of Forests, have the power to accept this payment.
- The person paying must be someone against whom there is a "reasonable suspicion" of having broken the law.
- The maximum amount a person can be asked to pay to settle a case is five lakh rupees.
- Once the money is paid, the person is released from custody and no further legal action can be taken for that specific offense.
- However, offenses that have a mandatory minimum jail sentence under Section 51 cannot be settled this way.
Practical examples
FAQ
1. What is the maximum settlement amount under Section 54 of The Wild Life (Protection) Act, 1972?
Under Section 54 of the Act, the sum of money accepted for settling an offense shall not exceed five lakh rupees.
2. Can a hunting offense involving a tiger be settled with money under Section 54 of the Wild Life Protection Act?
No, because Section 51 mandates a minimum jail term for such offenses, Section 54 of the Act expressly prohibits compounding them.
3. Who has the power to settle wildlife offenses using Section 54 of the nature law?
Under Section 54 of the protection Act, the Director of Wild Life Preservation, the Chief Wild Life Warden, or an officer not below the rank of Deputy Conservator of Forests can settle cases.
4. What happens to a person's trial if they pay the settlement under Section 54 of the wildlife law?
According to Section 54 of the Act, once the money is paid, the person is discharged and no further proceedings are taken against them.
Test yourself
Q1.Under Section 54 of The Wild Life (Protection) Act, 1972, what is the upper limit for a composition payment?
Q2.Which of these officers is empowered to compound an offense under Section 54 of the wildlife protection law?
Q3.According to Section 54 of the nature Act, why can't a Schedule I hunting offense be compounded?
Q4.What is the legal effect of paying a composition fee under Section 54 of the nature law?