Presumption that forest-produce belongs to Government
Section 69 of the Indian Forest Act, 1927 deals with presumption that forest-produce belongs to Government. produce belongs to [Government]. --When in any proceedings taken under this Act, or in consequence of anything done under this Act, a question arises as to whether any forest-produce is the property of the [Government], such produce shall be presumed to be the property of the [Government] until the The Act came into force on 21 Sep 1927.
69. Presumption that forest-produce belongs to 1[Government]. --When in any proceedings taken under this Act, or in consequence of anything done under this Act, a question arises as to whether any forest-produce is the property of the 1[Government], such produce shall be presumed to be the property of the 1[Government] until the contrary is proved.
STATE AMENDMENT
Jammu and Kashmir and Ladakh (UTs).--
Section 69.--For the words, "contrary is proved", substitute the words "contrary is proved by the accused".
Section 69-A.--After section 69, insert the following section, namely:--
69-A. Double penalties for offences.--The penalties which are double of those mentioned under the provisions of this Act or rules framed thereunder shall 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.
[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).]
Section 69, The Indian Forest Act, 1927 (Act 16 of 1927).
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 H P vs Dhanwant Singh
Court's Decision & Legal Precedent
Statutory provisions attaching finality to orders of subordinate courts cannot override or extinguish the constitutional jurisdiction of the High Court under Article 227 of the Constitution. The High Court is constitutionally empowered to exercise powers of superintendence over subordinate courts even when statutory provisions declare finality of their orders, provided the High Court applies its mind to determine whether a case warrants such exercise. In cases involving interpretation of statutory presumptions (such as state ownership of forest produce under Section 69 of the Indian Forest Act), where the lower appellate court has failed to properly consider and apply such presumptions, it constitutes sufficient ground for the High Court to exercise its Article 227 jurisdiction to remit the matter for fresh consideration on merits.
On this section: Statutory presumption regarding ownership of forest produce by the State; Court held this presumption was erroneously overlooked by the lower Appellate Judge despite being fundamental to the case
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.
Questions about Section 69
What have the courts held on Section 69 of the Indian Forest Act?
State of H P vs Dhanwant Singh (12 Feb 2004) is the leading judgment on this section among those set out below: Statutory presumption regarding ownership of forest produce by the State; Court held this presumption was erroneously overlooked by the lower Appellate Judge despite being fundamental to the case.
How do I find court cases under Section 69 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 69, section 69 Indian Forest Act 1927, section 69 of the Indian Forest Act. People searching for it also type indian forest act 1927 section 69. 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 H P vs Dhanwant Singh (12 Feb 2004).
When did Section 69 of the Indian Forest Act come into force?
Section 69 of the Indian Forest Act, cited as Indian Forest Act 1927 69, 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 17 Oct 2026. This page is not a substitute for legal advice.