The tiger is regarded as India's national animal. The traditions and religions of India recognize the value of protecting animals. Their safety and survival are still guaranteed by the laws in India. The government has made repeated attempts to establish a solid framework to defend national animal from any potential attacks.
Habitat loss is brought on by deforestation and hunting, which is reducing the number of tigers. Tigers will go extinct if laws are not passed to stop the killing of these magnificent animals.
The Wildlife Protection Act of 1972
Under this act, it is forbidden to hunt any of the wild animals specified in the four schedules of the Wildlife (Protection) Act of 1972, whether inside or outside a sanctuary or any national park, as the tiger is considered to fall under Schedule I of the Act.
Therefore, when discovered intact, the tiger hunting, including its skin, claws, and bones, does not fit under any other provisions of the Wildlife Protection Act clearly violates Section 9 of the Wildlife Protection Act. By virtue of the law, Forest officers are empowered to:
Arrest the alleged person(s) in accordance with Section 50 (1) (c) of the Act
Look into the matter and investigate in accordance with Section 50 (8) of the Act
Submit a complaint within Section 55 of the Wildlife Protection Act to the Magistrate Court (First class).
Penalties
According to the Wild Life (Protection) Act of 1972, a general offense has a maximum term of three years in prison, a fine that can go up to 25,000 rupees, or both.
The penalty for killing a wild animal listed in Schedule I or part II of Schedule II of the act on any property, including private land, is a criminal offence. It serves a term of imprisonment of at least three years and up to seven years and a fine of at least 10,000 rupees is mandatory. The imprisonment does not change for a subsequent offense, but a fine of at least 25,000 rupees is imposed.
Mandatory prison sentences of three years, which may be increased to seven years, and a fine of 50,000 rupees, which may be increased to 2 lakh rupees, are imposed for offenses made within the core zone of a tiger reserve. In the occurrence of a repeat conviction of this kind, there is a mandatory minimum sentence of seven years in jail and a maximum fine of 50 lakh rupees.
How to Sue Someone for Killing a National Animal
Getting the Right Evidence - You need proof that the animal died before you can file a lawsuit. To accomplish this, examine the circumstances of the animal's demise and produce images depicting the injuries it sustained. As a result, criminal lawyers assist you in compiling the appropriate proof at the appropriate moment.
Finding the Witnesses- If anyone observed the animal being killed, attempt to acquire their name and contact information. If you go to trial, you might be required to be in contact with them once again. One of the witnesses is also the one who killed the animal. As a result, a defendant's evidence may be utilized against them in court proceedings. In the court trial, the criminal lawyers' main contribution is to cross-examine the defendant's witnesses.
Making an F.I.R. at the Police Station- They look into the incident and make a report on it. You should also contact the authorities if you don't recognize who killed the animal. Unfortunately, you must be informed of this person's identity before you may file a case. A defendant must be named in every lawsuit. If you can't identify the person who killed the animal, maybe the police authorities can investigate the matter.
You will need a lawyer to make the accused punished for the charges of killing a national animal. A criminal lawyer in kolkata can be appointed to help you explain the charges or accusations if you want to punish any person for killing a national animal in Kolkata.
A criminal lawyer in pune can be appointed to help you explain the charges or accusations if you want to punish any person for killing a national animal in Pune. Likewise, a criminal lawyer in delhi can be hired to make you explain the charges or accusations the wrongdoer gets punished for the charges of killing a national animal in Delhi.
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