In a significant move, the Odisha Forest Department on Wednesday sought to boost the morale of its personnel declaring that criminal proceedings shall not be taken against them if they resort to firing in self-defence while on duty.
The announcement came in the backdrop of two forest officials falling to bullets of poachers in the Similipal National Park while trying to stop them from poaching wildlife.
“Any proceedings, including institution of a criminal case of any nature, shall be initiated by the police only after an enquiry by an Executive Magistrate,” the department said in a notification.
“The Government of Odisha, being conscious of the vulnerability of forestland and forest-based resources in forest areas as well as wildlife in Protected and Reserved Forest areas to mounting threats to their conservation, protection and existence have decided to arm forest personnel with firearms,” the notification read.
The notification mentioned that Section-197 of Code of Criminal Procedure (CrPC) shall apply to all 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, Field Directors and any other forest officers who are charged with maintenance of public order relating to forest and wildlife protection, conservation and management.
Section 197 of CrPC states that no Court shall take cognisance of any offence alleged to have been committed by any member of the Armed Forces of the Union while acting or purporting to act in the discharge of his official duty except with the previous sanction of the Central Government.
Principal Chief Conservator of Forests (PCCF), SK Popli said, “Section-197 of the CrPC is now applicable to department officials. Previously, immediate action used to be taken against forest department officials in case of firing, may it be accident, unwanted or in self-defence. Now with this, such an incident shall be enquired into by an Executive Magistrate of the locality.”