Power to release on a bond a person arrested

Section 65 of the Indian Forest Act, 1927 deals with power to release on a bond a person arrested. Any Forest-officer of a rank not interior to that of a Ranger, who, or whose subordinate, has arrested any person under the provisions of section 64, may release such person on his executing a bond to appear, if and when so required, before the Magistrate having jurisdiction in the case, or before t The Act came into force on 21 Sep 1927.

Any Forest-officer of a rank not interior to that of a Ranger, who, or whose subordinate, has arrested any person under the provisions of section 64, may release such person on his executing a bond to appear, if and when so required, before the Magistrate having jurisdiction in the case, or before the officer in charge of the nearest police station.

STATE AMENDMENTS

Maharashtra

Amendment of section 65A of Act 16 of 1927.--In section 65A of the principal Act, in clause (b), for the words, figures, brackets and letters Section 26, clauses (a), (b), (f), (g), (h) and (i) of sub-section (1), the words, figures, brackets and letters Section 26, clauses (a), (b), (d), (f), (g), (h) and (i) of sub-section (1) and sub-section (4) shall be substituted.

[Vide Maharashtra Act 21 of 2015, s. 15].

Jammu and Kashmir and Ladakh (UTs).--

Section 65A and 65B.--After section 65, insert the following sections, namely:--

65A. Requisition for police assistance.-Any forest officer may requisition the services of any police officer to assist him for all or any of the purposes specified in sections 52, 63 and 64 and it shall be the duty of every such officer to comply with such requisition.

65B. Police officers bound to seek technical clearance from Authorized Officer.-Any police officer seizing any property under the provisions of this Act or rules framed there under shall be bound to seek technical clearance of the authorized officer to lodge a complaint to the magistrate under section 52 of this Act.

[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

Insertion of new section 65-A--After section 65 of the principal Act, the following section shall be inserted, namely:--

65-A. Certain offences to be non-bailable--(1) Notwithstanding anything contained in this Act or in the Code of Criminal Procedure, 1973 any offence punishable under section 26, or section 33 or section 42 or section 63 shall be non-bailable.

(2) No person accused of any offence as aforesaid shall, if in custody, be released on application for released on bail or on his own bond unless--

(a) the prosecution has been given an opportunity to oppose the application for such release, and

(b) Where the prosecution opposes the application as aforesaid the court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence."]

[Vide Uttar Pradesh Act 1 of 2001, s. 14]

Uttarakhand.--

Insertion of new section 65-A.--After section 65 of the principal Act, the following sections shall be inserted, namely:--

"65-A. Certain offences to be non-bailable.--(1) Notwithstanding anything contained in this Act or in the Code of Criminal Procedure, 1973, any offence punishable under Section 26 or Section 33 or Section 42 or Section 63 shall be non-bailable.

(2) No person accused of any offence as aforesaid shall, if in custody, be released on bail or on his own bond unless--

(a) the prosecution has been given an opportunity to oppose the application for such release, and

(b) where the prosecution opposes the application as aforesaid, the court is satisfied that there are reasonable grounds for believing that he is not guilty of such offences.".

[Vide Uttaranchal Act 10 of 2002, s. 14

Maharashtra

Amendment of section 65 of Act XVI of 1927.-- In section 65 of the principal Act, for the words "a Ranger" the words "a Ranger, any Police Officer" of a rank not inferior to that of Sub-Inspector or any Revenue Officer of a rank not inferior to that of Mahalkari or Tahsildar" shall be substituted.

[Vide Maharashtra Act VI of 1961, s. 11

Maharashtra.--

Amendment of section 65 of Act XVI of 1927.--In section 65 of the principal act, for the words "may release such person" the words, figures and letter "may, subject to and without prejudice to the provisions of section 65A, release such person" shall be substituted.

[Vide Maharashtra Act VII of 1985, s. 18

Insertion of section 65A in Act XVI of 1927.--After section 65 of the principal Act, the following section shall be inserted, namely:--

"65A. Certain offences to be non-bailable.--Notwithstanding anything contained in this Act or in the Code of Criminal Procedure, 1973,--

(a) The offences under sections or clauses of sections mentioned in clause (b) shall be nonbailable.

(b) The sections and clauses of sections of this Act referred to in clause (a) are the following, namely :-Section 26, clauses (a), (b), (f), (g), (h) and (i) of sub section (1).

Section 33, clauses (a), (b), (c), (d), (f) and (h) of sub-section (1).

Section 42.

Section 63.

(c) No person accused of any offence referred to in clause (b) shall, if in custody, be released on bail or on his own bond unless,--

(i) the prosecution has been given an opportunity to oppose the application for such release, and

(ii) where the prosecution opposes the application, the Court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence.".

[Vide Maharashtra Act VII of 2985, s. 19]

Section 65, The Indian Forest Act, 1927 (Act 16 of 1927).