3 weeks ago
MP Mandates Magisterial Probe Before Police Action Against Forest Staff
The state government of Madhya Pradesh in India made a new rule to help people who work in forests.
These workers include forest guards and forest rangers.
Sometimes they must use guns to protect wild animals from hunters.
After they use their guns, they were sometimes arrested by police.
The new rule says a special judge-like officer called a magistrate must check what happened first.
If the magistrate decides the gun was used for a good reason, the police cannot file a case.
Police can act only if the magistrate says the gun was used too much or without a good reason, and the government agrees.
The government made this rule because forest workers face unfair legal trouble for doing their jobs.
It was also made following directions from the Supreme Court.
A former forest officer, Nirmal Tiwari, said the new rule is a welcome step for forest workers.
The Madhya Pradesh government will require an executive magistrate inquiry before police action against forest personnel who use firearms while on duty.
An FIR or arrest can only follow if the magisterial inquiry finds the firearm was used unnecessarily or excessively and the state government accepts the report.
The provisions under Section 218(2) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 will apply to guards, rangers, deputy rangers, sub-divisional officers, deputy directors and field directors.
The decision was taken in light of Supreme Court directions in a writ petition and powers under Section 218(3) of the BNSS, 2023.
Former forest officer Nirmal Tiwari, who headed the MP Forest Association, welcomed the move, saying personnel often faced police action after opening fire on duty.
- Who
- Forest personnel in Madhya Pradesh, including forest guards, forest rangers, deputy forest rangers, sub-divisional officers, deputy directors and field directors.
- What
- The state government made a magisterial inquiry mandatory before police can take action such as filing an FIR or arresting forest staff who use firearms while on duty.
- Where
- Bhopal, Madhya Pradesh (India).
- When
- Not specified in the articles.
- Why
- To protect forest personnel from malicious criminal action linked to firearm use while defending wildlife conservation, following Supreme Court directions.
Key facts
- State
- Madhya Pradesh
- Location
- Bhopal
- Legal basis
- Sections 218(2) and 218(3) of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
- Condition for police action
- Magisterial finding of unnecessary or excessive firearm use, accepted by state government
- Covered personnel
- Forest guards, forest rangers, deputy forest rangers, sub-divisional officers, deputy directors, field directors
- Rationale
- Growing threat to the conservation, security and existence of wildlife
- Source of authority
- Supreme Court directions in a writ petition
- Reaction
- Former MP Forest Association head Nirmal Tiwari welcomed the decision
Quotes
Nirmal Tiwari
Former forest officer and head of the MP Forest Association
“the government's decision to protect forest personnel in cases involving the use of firearms was a welcome step.”
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