• Compounding of an offence under Indian Forest Act

Hi,

I am one of the 5 co-owners of an undivided agricultural land in Gurgaon. Boundary wall has been constructed on 3 sides of this land and fencing has been done on the 4th side which faces road. I have my name and phone number written on one of the above mentioned walls because I stay in Delhi and wanted to stay informed regarding any updates related to this land. None of the other co-owners have provided their contact details anywhere on the land. 

Now in the past 5 months many small mesquite trees and some shrubs have grown on this land during rainy season. About 6 days back I got a call from forest guard informing me that he has cut a challan (15 mesquite trees and 45 small plants) on my name because all the above mentioned trees have been uprooted most probably using a JCB. Neither anyone from forest department nor anyone else has witnessed the above mentioned uprooting of trees and no one has been caught red-handed or after investigation. Also no vehicle or tools have been seized. I informed the guard that I am not the only owner of this land and am not involved in this crime. I got to know about this crime for the first time from the above forest guard only.

Range officer (Ranger) has offered that they can compound the above offence if I am willing to pay a compensation of Rs. 10,000/- to forest department. Otherwise the department would lodge a criminal case on the name of all the owners of above land and accuse them all of conspiracy to clear the land without taking permission from forest department. This case can drag on for many years resulting in significant loss of time and money for me. Therefore even though I am innocent of the crime, I am 
thinking of compounding the same. 

Compounding would be done as per section 68 of Indian Forest Act 1927 which states:

The State Government may, empower a Forest officer power to compound offences - to accept from any person against whom a reasonable suspicion exists that he has committed any forest-offence, a sum of money by way of compensation for the offence which such person is suspected to have committed. A Forest-officer shall not be empowered under this section unless he is a Forest-officer of a rank not inferior to that of a Ranger.

Following are my queries:

1) If the range officer compounds the above offense, can at a later date a more senior officer from forest department challenge or revoke this compounding on any grounds or challenge it in court? As stated above Sec 68 empowers the range officer to compound the offense.

2) If I compound the offense would that imply that I have admitted doing it? Would my name be recorded as an offender in the database of forest department or just as a suspect like all other co-owners of this land?

Would really appreciate any suggestions or advice that you can give me regarding the above matter.
Asked 1 year ago in Criminal Law
Religion: Hindu

7 answers received in 1 day.

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9 Answers

It seems that you are facing a difficulty in dealing with a forest offence under the Indian Forest Act, 1927. This is a law that regulates the conservation and management of forests and forest produce in India. It also provides for the penalties and procedures for forest offences, such as cutting, uprooting, or damaging trees or plants without permission.

The legal matters related to the compounding of forest offences are governed by Section 68 of the Indian Forest Act, 1927. This section empowers the State Government to authorize a Forest Officer of a rank not inferior to that of a Ranger to accept a sum of money from a person who is suspected of committing a forest offence, other than an offence specified in Section 62 or Section 63 of the Act, as compensation for the offence. The Forest Officer can also release any property seized as liable to confiscation on payment of its value. On such payment, the suspected person and the property are discharged and no further proceedings are taken against them.

Based on this section, I can try to answer your queries as follows:

  1. If the range officer compounds the above offence, it is unlikely that a more senior officer from the forest department can challenge or revoke this compounding on any grounds or challenge it in court. This is because Section 68(2) of the Act clearly states that no further proceedings shall be taken against the person or property once the compounding is done. Moreover, Section 69 of the Act provides that no court shall take cognizance of any forest offence punishable under the Act or any rule made thereunder except on complaint made by certain authorities within six months from the date of commission of the offence. Therefore, unless there is any fraud, misrepresentation, or coercion involved in the compounding process, it is final and binding on both parties.
  2. If you compound the offence, it does not necessarily imply that you have admitted doing it. It only means that you have agreed to pay a sum of money as compensation for the offence that you are suspected of committing. It is possible that you may have done so to avoid further litigation and hassle, even though you are innocent. However, it may also affect your reputation and credibility, as it may create an impression that you are guilty or involved in some way. Whether your name will be recorded as an offender or a suspect in the database of the forest department depends on their internal policy and practice. You may request them to clarify this point before compounding the offence.

 

Muraleedharan R
Advocate, Trivandrum
386 Answers
2 Consultations

Once compounding has been done it cannot be revoked 

 

2) it is in your interest to agree for compounding of offence 

 

3) it implies you have accepted your guilt 

Ajay Sethi
Advocate, Mumbai
97489 Answers
7881 Consultations

1. Compounding the offence will be done by court by passing an order on the application filed by the concerned officer before the court in a pending case. 

The officer will be filing the case on behalf of the state and not in his personal capacity. 

Hence once an application has been filed by state to compound the offence,  it cannot challenge its own decision. 

2. Yes.

T Kalaiselvan
Advocate, Vellore
87691 Answers
2354 Consultations

Compounding would be done by forest officer 

 

2) Section 68 of the Forest Act empowers a Forest officer to accept a sum of money by way of compensation from a person accused of any offence under the Act. Upon receipt of such money, the officer should release the property seized in connection with the offence and shall also release the person if he is in custody

Ajay Sethi
Advocate, Mumbai
97489 Answers
7881 Consultations

Justice V Sivagnanam of the Madras High Court noted that under Section 68 of the Forest Act 1927, when an offence is compounded, the person accused should be discharged and the property seized should be released.

He was directing the Forest Range Officer to return a gun to a man accused under the Wildlife Protection Act.

From the above judgment it can be seen that the offence was compounded by high court though it was rejected by the magistrate court.

The legal matters related to the compounding of forest offences are governed by Section 68 of the Indian Forest Act, 1927. This section empowers the State Government to authorize a Forest Officer of a rank not inferior to that of a Ranger to accept a sum of money from a person who is suspected of committing a forest offence, other than an offence specified in Section 62 or Section 63 of the Act.

 

T Kalaiselvan
Advocate, Vellore
87691 Answers
2354 Consultations

It should have similar view. HC court can he approached under writ jurisdiction for the same

Prashant Nayak
Advocate, Mumbai
32857 Answers
209 Consultations

Forest Officer. 

In your case it will DISCHARGE which means  no case against the accused 

Yogendra Singh Rajawat
Advocate, Jaipur
23010 Answers
31 Consultations

Greetings of the Day,

I have read your issue but find that there are some facts which need to be clarified. You can approach on either nine two one two one two four five eight five or seven zero four two eight three three six eight six for personal approach.

We Hope that a personal consultation would be fruitful to the issue and it would be better for you to talk to someone directly.

Best Regards

SPS Law Chambers
New Delhi.

Shivam Bansal
Advocate, New Delhi
131 Answers

Dear client,  

If the range officer compounds the offense, it's typically a legally binding agreement, and it would usually not be challenged or revoked by a more senior officer unless there are strong grounds to do so, such as evidence of fraud or coercion in the compounding process. However, it's essential to consult with a legal expert in India for specific advice on your situation.

Compounding an offense generally does not imply an admission of guilt. It is more like a settlement where you agree to pay a fine or compensation in exchange for avoiding a more extended legal process. Your name might be recorded as a party involved in the compounding process, but it doesn't necessarily label you as a convict.

Regarding your additional questions:

The compounding process is typically done by the forest officer empowered by Section 68 of the Indian Forest Act, not by the court. If you agree to pay the compensation, it is a voluntary agreement between you and the forest department.

The reason compounding might not lead to acquittal for forest offenses is because the purpose of compounding is often to provide an expedited resolution and collect compensation for environmental damage, rather than a criminal trial leading to acquittal. Each offense and its legal implications can vary, so it's crucial to consult with a legal expert who can provide specific guidance based on your situation and the applicable laws.

 

Anik Miu
Advocate, Bangalore
10379 Answers
121 Consultations

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