Central · Act 16 of 1927

Section 72 — State Government may invest Forest-officers with certain powers.

The Indian Forest Act, 1927

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STATUTORY TEXT
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(1) The1[State Government] may invest any Forest-officer with all or any of the following powers, that is to say:--

(a) power to enter upon any land and to survey, demarcate and make a map of the same;

(b) the powers of a Civil Court to compel the attendance of witnesses and the production of documents and material objects;

(c) power to issue a search-warrant under the Code of Criminal Procedure, 1898 (5 of 1898); and

(d) power to hold an inquiry into forest-offences, and, in the course of such inquiry, to receive and record evidence.

(2) Any evidence recorded under clause (d) of sub-section (1) shall be admissible in any subsequent trial before a Magistrate, provided that it has been taken in the presence of the accused person.

STATE AMENDMENTS

Jammu and Kashmir and Ladakh (UTs).--

Section 72.--For section 72, substitute the following section, namely;

72. Government of Union territory of Jammu and Kashmir may invest Forest officers with certain powers.- (1) The forest officers shall have the following powers, namely:-

(a) power to enter upon any land and to survey, demarcate and make a map of the same.

(b) the powers of a Civil Court to compel the attendance of witnesses and the production of documents and material objects;

(c) power to hold an inquiry into forest offences and in the course of such inquiry, to receive and record evidence; and

(d) power to issue search warrants under the Code of Criminal Procedure, 1973 (2 of 1974):

Provided that powers under clause (b) and (c) shall not be exercised by a forest officer below the rank of a Range Officer:

Provided further that the powers under clause (d) shall not be exercised by a forest officer below the rank of a Divisional Forest Officer.

(2) Any evidence recorded under clause (c) of sub-section (1) shall be admissible in any subsequent trial before a Magistrate, if that it has been taken in the presence of the accused person.

(3) Any forest officer not below the rank of a Range Officer may delegate his powers of inquiry to an officer of the rank of Forester if the offence is compoundable under section 68 of this Act.

[Vide the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, notification No. S.O. 1123(E) dated (18-3-2020) and Vide Union Territory of Ladakh Reorganisation (Adaptation of Central Laws) Order, 2020, notification No. S.O.3774(E), dated (23-10-2020).]

Maharashtra.--

Amendment of section 72.--In section 72 of the principal Act, in sub-section (1), in clause (c), for the words and figures "Code of Criminal Producer, 1898" the words and figures "the Code of Criminal Procedure, 1973" shall be substituted.

[Vide Maharashtra Act VII of 1985, s.21]

Source footnotes

1. Subs. by the A.O. 1950, for "Provincial Government".

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Next · Section 73Forest-officers deemed public servants. →All sections / सभी धाराएँThe Indian Forest Act, 1927 →
More sections of this actSection 1 · Short title and extent.Section 2 · Interpretation clause.Section 3 · Power to reserve forests.Section 4 · Notification by State Government.Section 5 · Bar of accrual of forest-rights.Section 6 · Proclamation by Forest Settlement-officer.Section 7 · Inquiry by Forest Settlement-officer.Section 8 · Powers of Forest Settlement-officer.
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