BHUBANESHWAR: Equipping frontline staff with a strong self-defence cover against poachers and wildlife criminals, the Odisha government on Wednesday granted immunity to the forest officials of the State under section 197 of the Criminal Procedure Code (CrPC) for the use of firearms during official duties.
The move will now give the forest field staff protection from arrest and criminal proceedings, unless a magisterial investigation finds the use of firearms was unnecessary, unwarranted and excessive.
Odisha is said to be the fourth state to implement the measure after Assam, Maharashtra and Karnataka.
Use of firearms in the discharge of duty may expose forest personnel to vexatious criminal proceedings for which they need to be provided protection from prosecution without prior sanction. Accordingly, the state government has decided to grant protection to forest officials under section 197 (2) of the CrPC, stated the Forest, Environment and Climate Change department in its notification.
It stated that protection under the section will be provided to all forest officers including forest guards, foresters, deputy rangers, rangers, ACFs and other higher rank officials as well as those engaged in the maintenance of public order relating to forest and wildlife protection and conservation.
“If firing is resorted to by any of the forest personnel provided immunity under this section, it will be inquired into by an executive magistrate of the locality. Arrest or proceedings in such matters will be initiated only if it is held in the magisterial inquiry that the use of firearms has been unnecessary, unwarranted or excessive and that such magisterial inquiry report has been accepted by the government,” a senior forest official from the department said.
Forest officials said the move will significantly help in improving the security of patrolling staff in sensitive forests, especially in Similipal and Athagarh-Narasinnghpur where armed poachers often target frontline staff.
A high-level team of the Ministry of Environment, Forest and Climate Change (MoEFCC), that visited Similipal after armed poachers gunned down two forest officials recently, had also recommended this measure to the state government to enhance protection of the field staff in the Tiger Reserve and other sensitive forest areas of the state.