Chapter VI Chapter VI

Prevention and detection of offences and penalties

1. (1) The Wild Life Preservation Officer or any other Game Officer empowered by him or any Forest or Police Officer may, if he has reasonable grounds for believing that any person has committed an offence against this Act, (a) require any such person to produce for his inspection any animal, bird, meat or trophy in his possession or any licence, permit or other document issued to him or required to be kept by him under the provisions of this Act;
   • (b) enter and search any premises, land, vehicle or boat in the occupation of such person and open and search any baggage or other things in his possession;
   • (c) seize any animal, bird, meat or trophy in the possession of any person and appearing to him to be the property of the Government of Goa, Daman and Diu together with any vehicle, weapon, trap or tools used for committing any such offence, and unless he is satisfied that such person will appear and answer any charge which may be preferred against him, without warrant, arrest and detain him.
2. (2) Any Officer, of a rank not inferior to that of an Assistant Game Warden, who or whose subordinate, has seized any vehicle, weapon, trap or tools, under clause (c) of sub-section (1), may release the same on the execution by the owner thereof, of a bond for the production of the property so released, if and when so required, before the Magistrate having jurisdiction to try the offence on account of which the seizure has been made.
3. (3) It shall be lawful for any of the officers referred to in sub-section (2) to stop and detain any person whom he sees doing any act for which a licence or permit is required under the provisions of this Act for the purposes or requiring such person to produce his licence or permit, and if such person fails to produce his licence or permit, as the case may be, he may be arrested without a warrant, unless he furnishes his name and address and otherwise satisfies the Officer arresting him that he will duly answer any summons or other proceedings which may be taken against him.
4. (4) Any person detained, or things seized under the foregoing powers, shall forthwith be taken before a Magistrate to be dealt with according to law.
5. (5) Any person who, without reasonable cause, fails to produce anything which under the powers conferred by this section he is required to produce, shall be guilty of an offence, against this Act.

1. (1) Any person who contravenes any of the provisions of this Act or any rules made thereunder or who commits a breach of any of the conditions of any licence or permit shall be guilty of an offence against this Act, and shall, on conviction, be punished with imprisonment which may extend to six months or with fine which may extend to Rs. 500/- or with both.
2. (2) When any person is convicted of an offence against this Act, the Court trying the offence may order that any animal, bird, meat or trophy in respect of which the offence has been committed and any weapon or trap with which the offence has been committed shall be at the disposal of the Government of Goa, Daman and Diu, and that any licence or permit held by such person under the provisions of this Act, be cancelled.
3. (3) Such cancellation of licence or permit shall be in addition to any other punishment awarded for such offence.

1. (1) The Government of Goa, Daman and Diu, may by notification in the Official Gazette empower the Wild Life Preservation Officer or the Conservator of Forests, (a) to accept from any person against whom a reasonable suspicion exists that he has committed an offence under this Act, a sum of money by way of composition for the offence which such person is suspected to have committed;
   • (b) when any property has been seized under section 38, to release the same on payment of the value thereof as estimated by such Officer.
2. (2) On payment of such sum of money or such value or both as the case may be to, such officer, the suspected person, if in custody shall be discharged, the property if any seized, shall be released and no further proceedings shall be taken against such person.

No Court shall take cognizance of any offence against this Act, (1) except on the complaint or report of the Wild Life Preservation Officer or any officer authorised by him or of any Forest or Police Officer or of any other officer authorised by the Government of Goa, Daman and Diu in this behalf; and

1. (2) unless the prosecution is instituted within three months from the date on which the offence is alleged to have been committed.

Nothing in this Act shall be deemed to prevent any person from being prosecuted under any other law for any act or omission which constitutes an offence under this Act or from being liable under such other law to any higher punishment or penalty than that provided by this Act: Provided that no person shall be punished twice for the same offence.