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Section42
The Indian Forest Act, 1927

Penalty for breach of rules made under section 41

In force From 21 Sep 1927 Act 16 of 1927 As on 15 Oct 2026

Act 16 of 1927 Ministry Environment, Forest and Climate Change Enacted 21 Sep 1927 In force 21 Sep 1927 Cited by 2 provisions Instruments 5

Section 42 of the Indian Forest Act, 1927 deals with penalty for breach of rules made under section 41. The [State Government] may by such such rules prescribe as penalties for the contravention thereof imprisonment for a term which may extend to six months, or fine which may extend to five hundred rupees, or both. The Act came into force on 21 Sep 1927.

(1) The 1[State Government] may by such such rules prescribe as penalties for the contravention thereof imprisonment for a term which may extend to six months, or fine which may extend to five hundred rupees, or both.

(2) Such rules may provide that penalties which are double of those mentioned in sub-section (1) may be inflicted in cases where the offence is committed after sunset and before sunrise, or after preparation for resistance to lawful authority, or where the offender has been previously convicted of a like offence.

STATE AMENDMENTS

Maharashtra

Amendment of section 42 of Act 16 of 1927.--In section 42 of the principal Act, in sub-section (1), for the words "two thousand rupees" the words "five thousand rupees" shall be substituted.

[Vide Maharashtra Act 21 of 2015, s. 4].

Jammu and Kashmir and Ladakh (UTs).--

Section 42.- In sub-section (1), for the words "six months" and "five hundred rupees", substitute the words "two years" and "twenty-five thousand rupees" respectively.

[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.]

Uttar Pradesh

Amendment of section 42--In section 42 of the principal Act, for sub-section (1), the following subsection shall be substituted, namely:--

"(1) The State Government may by such rules prescribe as penalties for the contravention thereof imprisonment for a term which may extend to two years, or fine which may extend to five thousand rupees or both."

[Vide Uttar Pradesh Act 1 of 2001, s. 5]

Uttarakhand--

Amendment of section 42.--In section 42 of the principal Act, in sub-section (1), or the words "six month, or fine which may extend to five hundred rupees" the words two years, or fine which may extend to five thousand rupees" shall be substituted.

[Vide Uttarakhand Act 10 of 2002, s. 5]

Maharashtra--

Amendment of section 42 of Act XVI.--In section 42 of the principal Act, in sub-section (1), for the words "six months or with fine which may extend to five hundred rupees," the words "one year or with fine which may extend to two thousand rupees," shall be substituted.

[Vide Maharashtra Act VII of 1985, s. 6]

Section 42, 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.

Referred to by 2

  1. s. 41 Power to make rules to regulate transit of forest-produce
  2. s. 65 Power to release on a bond a person arrested

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.

  1. Mohan Lal vs State of H. P.

    Supreme Court of India Binding (Supreme Court)

    Court's Decision & Legal Precedent

    Where the High Court had reversed an acquittal and convicted the appellant for contravention of the rules made under the Act, the Court sustained the conviction but held the sentence disproportionate on the facts and reduced the imprisonment and fine to the period already undergone, applying the principle that punishment under the penal provision must be proportionate to the gravity of the breach.

    On this section: It illustrates the sentencing discretion under Section 42 for breach of rules made under Section 41, holding that the maximum terms it prescribes are a ceiling to be applied proportionately rather than a standard sentence.

    Read the full order on eCourts India

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

5 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.

All subordinate legislation

Questions about Section 42

What have the courts held on Section 42 of the Indian Forest Act?

Mohan Lal vs State of H. P. is the leading judgment on this section among those set out below: It illustrates the sentencing discretion under Section 42 for breach of rules made under Section 41, holding that the maximum terms it prescribes are a ceiling to be applied proportionately rather than a standard sentence.

How do I find court cases under Section 42 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 42, section 42 Indian Forest Act 1927, section 42 of the Indian Forest Act. People searching for it also type indian forest act 41 42 and indian forest act 1927 section 42. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Mohan Lal vs State of H. P..

What should I read with Section 42 of the Indian Forest Act, and has it changed?

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 5: most recently Tripura Forest Transit (7th Amendment) Rules, 2022 (2022), then Tripura Forest Transit (6th Amendment) Rules, 2021 (2021), and 3 more.

When did Section 42 of the Indian Forest Act come into force?

Section 42 of the Indian Forest Act, cited as Indian Forest Act 1927 42, 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

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.