Interpretation clause
Section 2 of the Indian Forest Act, 1927 deals with interpretation clause. In this Act, unless there is anything repugnant in the subject or context, -- (1) "cattle" includes elephants, camels, buffaloes, horses, mares, geldings, ponies, colts, fillies, mules, asses, pigs, rams, ewes, sheep, lambs, goats and kids; The Act came into force on 21 Sep 1927.
In this Act, unless there is anything repugnant in the subject or context, --
(1) "cattle" includes elephants, camels, buffaloes, horses, mares, geldings, ponies, colts, fillies, mules, asses, pigs, rams, ewes, sheep, lambs, goats and kids;
(2) "Forest-officer" means any person whom 1*** the 2[State Government] or any officer empowered by 1*** the 2[State Government] in this behalf, may appoint to carry out all or any of the purposes of this Act or to do anything required by this Act or any rule made there under to be done by a Forest-officer;
(3) "forest-offence" means an offence punishable under this Act or under any rule made thereunder;
(4) "forest-produce" includes--
(a) the following whether found in, or brought from, a forest or not, that is to say:--
timber, charcoal, caoutchouc, catechu, wood-oil, resin, natural varnish, bark, lac, mahua flowers, mahua seeds 3[, kuth] and myrabolams, and
(b) the following when found in, or brought from, a forest, that is to say:--
(i) trees and leaves, flowers and fruits, and all other parts or produce not hereinbefore mentioned, of trees,
(ii) plants not being trees (including grass, creepers, reeds and moss), and all parts or produce of such plants,
(iii) wild animals and skins, tusks, horns, bones, silk, cocoons, honey and wax, and all other parts or produce of animals, and
(iv) peat, surface soil, rock, and minerals (including limestone, laterite, mineral oils, and all products of mines or quarries);
4[(4A) "owner" includes a Court of Wards in respect of property under the superintendence or charge of such Court;]
(5) "river" includes any stream, canal, creek or other channels, natural or artifical;
(6) "timber" includes trees when they have fallen or have been felled, and all wood whether cut up or fashioned or hollowed out for any purpose or not; and
(7) "tree" includes palms, 5***, stumps, brush-wood and canes.
STATE AMENDMENTS
Jammu and Kashmir and Ladakh (UTs)--
(i) Section 2."for clause (1), the following clauses shall be substituted, namely:--
(1) "authorised officer" means an officer authorized under sub-section (2) of section 52;
(1A) cattle include elephants, camels, buffaloes, horses, mares, geldings, ponies, colts, fillies, mules, asses, pigs, ram, ewes, sheep, lambs, goats and kids;
(1B) "forest based industry" means an industry or unit in which any forest produce is used as raw material or as a source of energy.
(ii) for clause (4), the following clause shall be substituted, namely:-
(4) "forest-produce" include--
(a) timber, charcoal, caoutchouc, catechu, wood-oil, resin, natural varnish, bark, lac, kuth, myrobalans, dioscorea, firewood, humus, rasaunt, morels (Morchella spp), Aconitum spp, Podophyllum spp, Picrorhizaspp, Trillium spp, Nardostachys spp, Taxus spp, Valerianassp, Rheum spp, wild animals, skins, tusks, horns, bones and all other parts or produce of wild animals whether found in, or brought from, a forest or not; and
(b) the following when found in, or brought from, a forest, namely:--
(i) trees and leaves, flowers and fruits, roots and all other parts or produce of trees not specified in clause (a);
(ii) plants not being trees (including grass, bamboos, creepers, reeds and moss and lichen), and all parts or produce of such plants;
(iii) silk, cocoons, honey and wax; and
(iv) peat, surface soil, rock, and minerals (including limestone, laterite, mineral oils, and all products of mines or quarries).
(iii) after clause (5), insert the following clause, namely:-
(5A) "saw mill" means any plant and machinery with which and the premises (including the precincts thereof) in which or in any part of which sawing is carried on with the aid of electrical or mechanical power.
(iv) after clause (6), insert the following clause, namely:-
(6A) "transporter" includes a person, a private agency, a Government Department, Corporation or any other agency engaged in transport of forest produce whether on his own or on behalf of any other person;
(v) after clause (7), insert the following clause;
(8) "wild animal" shall have the same meaning as assigned to it in the Wild Life (Protection) Act, 1972.
[Vide the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, notification No. S.O. 1123(E) dated (18-3-2020) and Vide Union Territory of Ladakh Reorganisation (Adaptation of Central Laws) Order, 2020, notification No. S.O.3774(E), dated (23-10-2020).]
Tripura.--
Amendment of section 2. --In section 2 of the principal Act,--
(a) In clause (4)--
(i) in sub-clause (a), for the words "and myrobolams", the words "myrobolams, gum, sal seeds, sal leaves, kendu leaves, wild animals, skins, tusks, horns and bones, and all other parts of produce of wild animals" shall be substituted ;
(ii) in sub-clause (b), in item (iii), the words "Wild animals and skins tusks, horns and bones" and the words "and all other parts or produce of animals" shall be omitted;
(b) after clause (7), the following clause shall be inserted namely:--
"(8) wild animals shall have same meaning as defined in the Wild Life (Protection) Act, 1972.]
[Vide the Tripura Act 10 of 1984, s. 3]
Uttar Pradesh
Amendment of section 2 of Act no. XVI of 1927.--In section 2 of the Indian Forest Act, 1927, hereinafter referred to as the principal Act, for clause (1) the following clause shall be substituted, namely:--
"(1) "authorised officer" means an officer authorised under sub-section (1) of section 52-A;
(1-A) "cattle" includes elephants, camels, buffaloes, horses, mares, geldings, ponies, colts, fillies, mules, asses, pigs, rams, ewes, sheep, lambs, goats and kids;"
[Vide Uttar Pradesh Act 1 of 2001, s. 2]
Uttarakhand.--
Amendment of section 2 of Act no. XVI of 1927.--In section 2 of Indian Forest Act, 1927, hereinafter referred to as the principal Act, the following clause shall be inserted, namely:--
2-A. "authorised officer" means an officer authorised under sub-section (1) of section 52-A.
[Vide Uttaranchal Act 10 of 2002, s. 2]
Maharashtra.--
Amendment of section 2 of Act XVI of 1927.--In section 2 of the Indian Forest Act, 1927, in subclause (4), after the words "tamborni leaves" the words "rosha grass, rauwolfia serpentine" shall be inserted.
[Vide Bombay Act XVII of 1956, s. 2]
Amendment of section 2 of Act XVI of 1927.--In section 2 of the Indian Forest Act, 1927 (hereinafter referred to as "the said Act"), in sub-clause (a) of clause (4), after the word "kuth" the words ", apta and temburni leaves" shall be inserted.
[Vide Bombay Act XXIV of 1955, s. 2]
Amendment of section 2 of Act XVI of 1927.--In section 2 of the Indian Forest Act, 1927, in its application to the State of Maharashtra, in sub-clause (a) of clause (4), for the words", rosha grans, rauwolfia serpentine" the words "rosha grass including oil derived therefrom, ranwolfia serpentine" shall be substituted.
[Vide Maharashtra Act XXVII of 1968, s. 2]
Amendment of section 2 of Act XVI of 1927.--In section 2 of the principal act, after clause (4A), the following clauses shall be inserted, namely:--
"(4B) "Police Officer" means a Police Officer defined in the Bombay Police Act, 1951;
(4C) Revenue Officer means a Revenue Officer as defined in the Bombay Land Revenue Code, 1879, or where that Code is not in force, as defined in a law corresponding to that Code;
[Vide Maharashtra Act VI of 1961, s. 4]
Insertion of new section 2A in Act XVI of 1927.--After section 2 of the principal Act, the following section shall be inserted, namely:--
"2A. Construction of certain references to Central or Bombay Acts.--In the application of this Act to any area of the State of Maharashtra other than the Bombay area thereof, any reference to a provision of a Central or Bombay Act shall, where no such Act is in force in that area, be construed as a reference to the provision of the corresponding law, if any, in force in that area."
[Vide Maharashtra Act VI of 1961, s. 5]
Maharashtra.--
Amendment of section 2 of Act XVI of 1927.--In section 2 of the Indian Forest Act, 1927, in its application to the State of Maharashtra (hereinafter referred to as "the principal Act"), of In clause (4C), for the words and figures "the Bombay Land Revenue Code, 1879 (Bom. V of 1879), or, where that Code is not in force, as defined in a law corresponding to that Code;" the words and figures "the Maharashtra Land Revenue Code, 1966 (Mah. XLI of 1966)" shall be substituted.
[Vide Maharashtra Act VII of 1985, s. 2]
Section 2, The Indian Forest Act, 1927 (Act 16 of 1927).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
Referred to by 2
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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State Of Uttaranchal vs Kumaon Stone Crusher
Court's Decision & Legal Precedent
The ratio decidendi comprises the following core legal principles: (1) Forest produce for purposes of Section 2(4)(b) of the Indian Forest Act, 1927 means materials that originated in forests (brought from forest as place of origin), not materials merely passing through forest territories. Once the place of origin is outside forest, the material does not attract transit fee liability under Section 41 even if transported through forest areas. (2) The phrase 'brought from forest' is a temporal and origin-based concept indicating the starting point of the material was a forest, distinguishing it from 'brought through forest.' (3) Materials that undergo manufacturing or processing retain their forest produce character only if the process does not result in a new commodity substantially different in nature. Application of the test depends on botanical/scientific sense of forest produce, not commercial parlance. (4) Forest produce definition includes materials that originated from forests (coal, limestone, timber derivatives) regardless of form after transformation, unless the transformation creates an entirely new commodity through manufacturing process that requires special authorization. (5) Minerals extracted and regulated under the Mines and Minerals (Development and Regulation) Act, 1957, which are themselves forest produce under Section 2(4)(b) definition, may be subject to both MMDR Act regulation and Forest Act transit regulation as both acts operate in different fields without repugnancy. Implied repeal does not apply to preconstitutional laws under Article 372. (6) The Mines and Minerals Act, 1957 does not occupy the field of forest transit regulation because its purpose is mine/mineral regulation while Forest Act's purpose is forest conservation and transit control. No direct repugnancy or conflict requires choosing one over the other. (7) Regulatory fees for forest produce transit are valid under Section 41 even without quid pro quo, but cannot be excessive or transformative into revenue-generating taxes. Fees must maintain reasonable correlation to regulation costs and purposes, though mathematical exactitude is not required. (8) When transit fee increases become excessive and disproportionate (16-fold increase in months without corresponding cost increase), and are levied on ad valorem basis unbounded by any cap, the regulatory character is lost and the fee becomes confiscatory and tax-like in nature, rendering such amendments ultra vires. (9) The definition of 'forest' under the Forest Act must be understood broadly per T.N. Godavarman case, including all statutorily recognized forests and any land recorded as forest in government records, not restrictively as only notified reserved/protected forests under Sections 4-20. (10) Roads or highways, even if notified under Section 80A as having protected forest status on their sides, are not themselves forests for transit fee purposes. Section 80A's application is limited to banks/sides of roads for environmental protection, not to the thoroughfares themselves.
On this section: Definition of forest produce - specifically the phrases 'found in' and 'brought from' a forest. The Court held that 'brought from' means brought from the forest as place of origin, not brought through a forest. This distinction became pivotal for determining what could be charged transit fee.
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M/S Pappu Coal Master vs The State Of Uttar Pradesh
Court's Decision & Legal Precedent
The ratio decidendi of the judgment comprises the following core principles: (1) Forest produce includes materials that have undergone processing that preserves their essential botanical or technical character, even if physically or chemically altered—stone chips remain forest produce, marble slabs remain stone-based products, coal varieties retain coal character, limestone-derived products remain limestone products; (2) The expression 'brought from forest' in Section 2(4)(b) of the Indian Forest Act, 1927 means that the material originated in a forest and was removed from the forest, not merely that it passed through a forested area—this is the temporal and origin-based condition, not a transit-route condition; (3) The words 'found in' and 'brought from' both reference the forest as the source or original depository of forest produce, requiring nexus with forest origin; (4) Forest under the Indian Forest Act, 1927 shall be understood according to dictionary meaning covering all statutorily recognized forests and any area recorded as forest in government records, including reserved forests, protected forests, village forests, and unclassified forests; (5) The Indian Forest Act, 1927 and the Mines and Minerals (Development & Regulation) Act, 1957 operate in different fields and spheres—Forest Act regulates forest wealth and transit, MMDR Act regulates mining operations and mineral development—and the pith and substance of their respective legislations are distinct, hence MMDR Act does not impliedly repeal or override Forest Act; (6) A regulatory fee imposed under the Indian Forest Act must maintain a broad correlation between the fee amount and the costs of regulation or services provided; when fee becomes excessive or confiscatory and is clearly used primarily for revenue generation rather than regulation, it sheds its character as a fee and becomes a tax, which may not be validly imposed under the regulatory provisions of the Forest Act; (7) The State's power under Section 41 of the Indian Forest Act to regulate transit of forest produce and levy fees therefor is valid and coexists with regulatory provisions under MMDR Act without repugnancy; (8) All transit passes issued under Rule 3 of the Transit Rules are subject to transit fee under Rule 5—Rule 3 and Rule 5 are not independent but form an integrated regulatory scheme where all forest produce movement requires a pass and attracts the prescribed fee.
On this section: Defined forest produce as items 'found in' or 'brought from' forests; Court interpreted 'brought from forest' to mean material originated in forest, not merely passed through forest; covers minerals found in forests
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State of Uttarakhand vs Kumaon Stone Crusher
Court's Decision & Legal Precedent
Forest produce is determined by origin in forest, not passage through forest territory. Materials undergoing manufacturing process retain forest produce character if the process does not fundamentally transform them into commercially new commodities in scientific/botanical sense. Regulatory transit fees are valid under Forest Act 1927 but must maintain reasonable correlation with regulation costs and not become confiscatory or partake character of tax. States retain concurrent power to regulate transit of forest produce under Section 41 of Forest Act 1927 despite Mines and Minerals (Development & Regulation) Act 1957, as both statutes operate in different substantive fields without irreconcilable repugnancy. Ad valorem basis of fee levy without monetary cap indicates transformation from regulatory fee to tax, rendering amendment ultra vires.
On this section: Section 2(4) definition of forest produce; interpretation of 'found in' and 'brought from'; Section 41 authority to make transit rules; Section 80A regarding protected forests on canal/road sides
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Gali Janardhan Reddy vs The State of Andhra Pradesh
Court's Decision & Legal Precedent
In criminal cases involving serious offences and powerful accused persons with demonstrated capacity to influence witnesses and even judicial officers, even when the accused has complied with bail conditions over several years, territorial restrictions on the accused's movement may be maintained if there exists a credible apprehension of witness tampering. However, the court must balance this by mandating expedited trial proceedings conducted on a day-to-day basis and directing completion within a fixed period, so that the restrictions are not indefinite and delay does not itself become a tool for creating opportunities for witness influence. The expedited trial process serves as the counterbalance to maintaining territorial restrictions, ensuring that trial integrity is protected without indefinite curtailment of the accused's liberty.
On this section: Accused charged with violation of forest protection laws in connection with mining activities
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State of Jharkhand vs Govind Singh
Court's Decision & Legal Precedent
Under the Indian Forest Act, 1927, a seized vehicle cannot be released on payment of fine in lieu of confiscation as the High Court directed. Section 52(3) of the Act provides only for confiscation of forest produce and articles used in committing forest offences, not for release on payment of fine. The proper mechanism for release is Section 68 of the Act, which permits release on payment of the estimated value of the vehicle, subject to judicial discretion exercised with recording of reasons. Courts cannot read into a statute a power that is not explicitly provided, as this would constitute judicial legislation. The doctrine of casus omissus cannot be applied to supply omissions in statutory provisions except in cases of clear necessity found within the statute itself.
On this section: Definition of forest offence, which forms the foundation for confiscation action under Section 52(3).
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State of Tripura v. All Tripura Bamboo Sticks Merchants and Suppliers Association
Court's Decision & Legal Precedent
DB (Deepak Gupta CJ + U.B. Saha), Final Order DATE VERIFIED 2014-07-24 order-2.pdf, fit for reporting YES. Bamboo agarbatti sticks remain Indian Forest Act 1927 s.2(4) forest-produce if they come from a forest; s.2(7) 'tree' includes bamboo. Distinguished Suresh Lohiya (bamboo mats from non-forest bamboo). Godavarman cited for the forest definition. State must prove forest origin. Fills IFA 1927 with a clean teaching order — do not attach Godavarman mega-CNR SCIN010029971995 (1516 orders of mixed junk).
On this section: s.2(4) forest-produce and s.2(7) tree (includes bamboo): agarbatti sticks from forest bamboo remain forest-produce; Suresh Lohiya mats distinguished. State must prove forest origin.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Made under this section, and citing it
3 instruments state that it was made under this provision — the power to make it comes from here, so a change to any of them changes what this section requires in practice. Newest first.
Another 2 instruments name this provision in its title or its text without being made under it.
Questions about Section 2
What have the courts held on Section 2 of the Indian Forest Act?
State Of Uttaranchal vs Kumaon Stone Crusher (15 Sep 2017) is the leading judgment on this section among those set out below: Definition of forest produce - specifically the phrases 'found in' and 'brought from' a forest. The Court held that 'brought from' means brought from the forest as place of origin, not brought through a forest. This distinction became pivotal for determining what could be charged transit fee. Another 5 judgments on this section are set out below, 5 of them from the Supreme Court. They run from 2004 to 2022.
How do I find court cases under Section 2 of the Indian Forest Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Indian Forest Act 1927 2, section 2 Indian Forest Act 1927, section 2 of the Indian Forest Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 6 reported judgments on this section are set out on this page, beginning with State Of Uttaranchal vs Kumaon Stone Crusher (15 Sep 2017).
What should I read with Section 2 of the Indian Forest Act, and has it changed?
Its own text turns on section 52 (Seizure of property liable to confiscation), so none of them can safely be read on its own. 2 other provisions in this corpus refer back to it. The rules and notifications made under it are where it actually bites, and there are 3: most recently The Indian Forest (Amendment) Ordinance, 2017 (2017), then No. S.O.. 24/C.A. 16/27. S.39/97 (2003), and 1 more.
When did Section 2 of the Indian Forest Act come into force?
Section 2 of the Indian Forest Act, cited as Indian Forest Act 1927 2, came into force on 21 Sep 1927, having been enacted on 21 Sep 1927. It is in force as at the date shown on this page.
Other sections of this Act
- 52. Seizure of property liable to confiscation4491 words
- 38. Protection of forests at request of owners2928 words
- 61. Saving of power to release property seized2876 words
- 82. Recovery of money due to Government2108 words
- 20. Notification declaring forest reserved1635 words
- 79. Persons bound to assist Forest-officers and police-officers1057 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.