Bhubaneswar (Odisha) [India], July 6 : Odisha Government on Wednesday granted immunity to the forest personnel for firearms use under Section 197 of the Code of Criminal Procedure Act 1973.
The move grants protection from arrest and criminal proceedings unless a Magisterial Enquiry finds the use of firearms, unnecessary, unwarranted and excessive.
The Forest, Environment and Climate Change Department of the Odisha Government issued the official notification in this regard.
"Government of Odisha, being conscious of the vulnerability of Forest land and Forest-based resources in forest areas as well as wildlife in Protected and Reserved Forest areas of the state to mounting threats to their conservation, protection and existence have decided to arm forest personnel of the State with firearms," the official notification read.
The department said that there is a need to provide forest personnel immunity from prosecution without prior sanction.
"And whereas, the Government of Odisha is aware that the use of firearms in the discharge of their mandated duty and responsibility, may expose forest personnel to vexatious criminal proceedings and that there is a need to provide them immunity from prosecution without prior sanction," the official notification read.
According to the official notification, immunity will be granted to the forest personnel who are charged with the maintenance of public order relating to forest and wildlife protection conservation and management.
"Now, therefore, in exercise of the powers conferred by sub-section (3) of section 197 of the Code of Criminal Procedure, 1973 (2 of 1974) and all other powers enabling it on that behalf, the Governor of Odisha is hereby pleased to direct that, the provisions contained under sub-section-(2) of section-197 of CrPC shall apply to all the Forest Guards, Foresters, Deputy Forest Range Officers, Forest Range Officers, Assistant Conservators of Forests, Sub-Divisional Forest Officers, Deputy Conservators of Forests, Deputy Directors, Divisional Forest Officers, Regional Chief Conservators of Forests, Field Directors and any other Forest Officers in the State who are charged with maintenance of public order relating to forest and wildlife protection, conservation and management," it read.
It further mentioned that any firing incident by the personnel shall have an enquiry at the Executive Magistrate level and proceedings against the personnel will be carried out only after the state government has accepted the Magisterial Enquiry report.
"Whenever firing is resorted to by the forest personnel each such incident shall be enquired into by an Executive Magistrate of the locality; and any proceedings including institution of a criminal case of any nature and/or effecting an arrest shall be initiated by the Police, only if it is held, as a result of the Magisterial Enquiry that the use of firearms has been unnecessary, unwarranted and excessive and further that such Magisterial Enquiry report has been accepted by the State Government," it read.
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