Power to compound offences and impose penalties
Section 68 of the Indian Forest Act, 1927 deals with power to compound offences and impose penalties. The [State Government] may, by notification in the [Official Gazetted], empower a Forest officer- (a) to accept from any person against whom a reasonable suspicion exists that he has committed any forest-offence, other than an offence specified in section 62 or section 63, a sum of money by way of c The Act came into force on 21 Sep 1927.
(1) The 1[State Government] may, by notification in the 2[Official Gazetted], empower a Forest officer-
(a) to accept from any person against whom a reasonable suspicion exists that he has committed any forest-offence, other than an offence specified in section 62 or section 63, a sum of money by way of compensation for the offence which such person is suspected to have committed 3[ ; or]
[4(aa) to accept from any person a sum of money by way of penalty or compensation for violation of sub-section (1A) of section 26 or sub-section (1A) of section 33; and]
(b) when any property has been seized as liable to confiscation, to release the same on payment of the value thereof as estimated by such officer.
(2) On the 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 or property.
(3) A Forest-officer shall not be empowered under this section unless he is a Forest-officer of a rank not inferior to that of a Ranger and is in receipt of a monthly salary amounting to at least one hundred rupees, and the sum of money accepted as compensation under clause (a) of sub-section (1) shall in no case exceed the sum of fifty rupees.
Section 68, 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 5
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 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: Provisions regarding power to compound forest offences and release of seized property on payment of estimated value. The Court held that this is the proper mechanism for release, not Section 52(3).
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.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… Egambaram S/o Athimoolam, No. 33, Ambedkar Street, Abhishekapakkam, Puducherry, working as Health Inspector, Department of Health, Puducherry. > Therefore, in exercise of the powers conferred under Section 68 of the Indian Forest Act 1927, and recent judgment in such offences by the Hon'ble NGT, the offender Thiru. M. Ganesan S/o. Muthaiyan, No. 60, Mariamman Koil St, T.N. Palayam, Puducherry and Thiru. Egambaram S/o. Athimoolam. No. 33, Ambedkar Street, Abhisekapakkam, Puducherry and hereby ordered to: - 1. To …
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… Tractor bearing registration No. MP 06 AC 6275 which was seized while transporting 1.5 cubic meter of stone by Forest Officer. POR was registered and thereafter confiscation proceedings were initiated. This criminal revision has been filed by the petitioner on the ground that section 68 of the Indian Forest Act enables the authorized forest officer to compound the offence and released the seized property including vehicle. Driver himself stated in his memo as well as his statement that he is ready to deposit the fine or the penalty but inspite of this Competent Authority did not give single …
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… So far as the provisions of Section 68 of the Indian Forest Act is concerned, it is the repeat offence of the applicant, therefore, provisions of Section 68 of the Indian Forest Act with regard to compounding of the offence does not attract in the present case. Hence, this petition deserves to be dismissed. Having considered the contentions of the learned counsel for the parties and on perusal of the record, in view of this Court, the petition has no substance. The …
Made under this section, and citing it
19 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.
- No. S.O. 6/C.A 16/1927/S .38/2012Notification 2012
- No. S.O.14/C.A/16/1927/S.38/2009Notification 2009
- No. S.O.14/C.A/16/1927/S.38/2009Notification 2009
- No. S.O.. 24/C.A. 16/27. S.39/97Notification 2003
- No. S.O. 142/C.A. 16/27/S. 28/88Notification 1988
- No. S.O. 26/CA,16/27/S..29/85Notification 1985
- No. S.O. 19/C.A. 16/27/S. 29/70Notification 1970
- No. S.O. 19/C.A. 16/27/S. 29/70Notification 1970
- No. 3214-FTRAH(.)-68/30130Notification 1968
- No. 1886-Ft-VI (Fee)-66/3543Notification 1966
- No. 1886-Ft-VI (Fee)-66/3543Notification 1966
- No.3976-Ft.(VI)-65/1760Notification 1965
- No.3976-Ft.(VI)-65/1760Notification 1965
- No: 500-Ft(VI)-65/1323Notification 1965
- No:500-Ft(VI)-65/1323Notification 1965
- No:500-Ft(VI)-65/1323Notification 1965
- No. 1122-Ft-58/1195Notification 1958
- No. 1122-Ft-58/1195Notification 1958
- No. 1122-Ft-58/1195Notification 1958
Questions about Section 68
What have the courts held on Section 68 of the Indian Forest Act?
State of Jharkhand vs Govind Singh (03 Dec 2004) is the leading judgment on this section among those set out below: Provisions regarding power to compound forest offences and release of seized property on payment of estimated value. The Court held that this is the proper mechanism for release, not Section 52(3).
How do I find court cases under Section 68 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 68, section 68 Indian Forest Act 1927, section 68 of the Indian Forest Act. People searching for it also type indian forest act 1927 section 68. 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 State of Jharkhand vs Govind Singh (03 Dec 2004).
What should I read with Section 68 of the Indian Forest Act, and has it changed?
Its own text turns on section 26 (Acts prohibited in such forests), section 33 (Penalties for acts in contravention of notification under section 30 or of rules under section 32), section 62 (Punishment for wrongful seizure), section 63 (Penalty for counterfeiting or defacing marks on trees and timber and for altering boundary-marks), so none of them can safely be read on its own. 5 other provisions in this corpus refer back to it. The rules and notifications made under it are where it actually bites, and there are 19: most recently No. S.O. 6/C.A 16/1927/S .38/2012 (2012), then No. S.O.14/C.A/16/1927/S.38/2009 (2009), and 17 more.
When did Section 68 of the Indian Forest Act come into force?
Section 68 of the Indian Forest Act, cited as Indian Forest Act 1927 68, 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
- 2. Interpretation clause1380 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.