Section 51 of the wildlife protection Act deals with penalties for Violating/contravening provisions of the Act. This section does not mention 'mens rea' as one of the essential requirements for punishing a person under the Act. This section further provides in some cases maximum punishment, which can be and for other offences minimum as well as maximum punishment has been provided. Section 51 provides as under:
Penalties under wildlife protection act -
Any person who contravenes any provision of this Act (except Chapter V-A dealing with prohibition of trade or commerce in trophies, animal articles, etc. derived from certain animals and Section 38.J of wildlife protection act dealing with prohibition of teasing, etc. in a zoo) or any rule or order made there under or who commits a breach of any of the conditions of any license or permit granted under this Act, shall be guilty of an offence against this Act, and shall, on conviction, be punishable with imprisonment for a term which may extend to three years or with fine which may extend to twenty five thousand rupees or with both.
Provided that where the offence committed is in relation to any animal specified in Schedule-I or Part-II of Schedule-II or meat of any such animal or where the offence relates to hunting in, a Sanctuary or a National Park or altering the boundaries of a sanctuary or a National Park, such offence shall be punishable with imprisonment for a term which shall not be less than three years but may extend to seven years and also with fine which shall not be less than ten thousand rupees.
Provided further that in the case of second or subsequent offence of the nature mentioned above, the term of imprisonment shall not be less than three years but may extend to seven years and also with fine which shall not be less than twenty five thousand rupees.
Any person who violating/contravenes any provisions of Chapter V-A, (dealing with prohibition of trade or commerce in trophies, animal articles, etc. derived from certain animals), shall be punishable with imprisonment for a term which shall not be less than three years but which may extend to seven years and also with fine which shall not be less than ten thousand rupees.
Any person who violating or contravenes any provisions of Section 38.J, (dealing with prohibition of teasing, etc. in a zoo) shall be punishable with imprisonment for a term, which may extend to six months, or with fine, which may extend to two thousand rupees, or with both.
Provided that in the case of a second or subsequent offence the term of imprisonment may extend to one year, or with fine which may extend to five thousand rupees.
The amendment Act, 2006 further provides that any person. who commits an offence in relation to the core area of a tiger reserve or where the offence relates to hunting in the tiger reserve or altering the boundaries of the tiger reserve, such offence shall be punishable on first conviction with imprisonment for a term which shall not be less than three years but may extend to seven years, and also with fine which shall not be less than fifty thousand rupees but may extend to two lakh rupees. In the event of a second or subsequent conviction the imprisonment shall be for a term of not less than seven years and also with fine which shall not be less than five lakh rupees but may extend to fifty lakh rupees. If any offence is committed as a consequence of any abetment, the person abetting the offence shall also be punished with the same punishment as provided for that offence.
In addition to the above the animal, animal article, trophy or meat, etc. and the tool, trap, vessel or weapon used in the commission of the offence shall be forfeited by the State Government, and license or permit for hunting, etc. and Arms License shall also be cancelled.
Further, Section 360 of the Code of Criminal Procedure, 1973 or the Probation of Offenders Act, 1958 shall not be made applicable to a person convicted in respect of hunting in Sanctuary or National Park, unless such a person is less than eighteen years of age.
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