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Section 11

The Arunachal Pradesh Forest and Special Tiger Protection Force Act, 2012State Act of Arunachal Pradesh · Act 2 of 2012

(1) Any supervisory officeror Memberof the Force, may without any order from a Magistrate and without a wanant, an'est any person, who has been concemed in or against whom a reasonable suspicion exist of his having been concemed in orwho is found taking precautions to conceal his presence under circumstances which afford reason to believe that he is taking such precautions with a view to committing, cognizable offence relating to -

(i) Forest, Forest Produce, Wildlife and Forest personnel ofthe Slate of Arunachal Pradesh.

(ii) Property belonging to the Forest depart- ment ofthe State Government ofArunachal Pradesh ;

Powers to anest without wanant Duties of Memberof the Forces.

Powers to search without wanant.

12 Procedures 13 to be followed afteranest.

Power to use fire arms as provided in ChapterXl & Xll of Cr.

PC.

14 244 12\ lt any person is found trespassing or squatting in any Reserved Forest, Protected Forests, Anchal Reserve Forests, Village Reserve Forests, Plantation and premises owned by the Forest Department, National Parks, Tiger Reserves, Wildlife Sanctuaries, Conservation Reserve or Community Reserve, he may, without prejudice to any proceedings which may be taken against him, be removed from such areas by any supervisory officer or member of the Forces.

(1) Whenever any supervisory officer, oranymember of the Forces, not below the prescribed rank has reason to believe that any such offence as is refened to in Section (11) have been or being committed and that a search warrant cannot be obtained without affording the offender an opportunity, of escaping or concealing evidence of the offence, he may detain an offender and search his person and belonging forthwith and if he thinks proper, anest any person whom he has reason to believe to have committed the offence.

(2) The provision of the Code of Criminal ProcedureAct, 1973, so far as it relates to the searches under that code shall, apply to searches under this section.

Any supervisory officer or member of the Forces making an arrest under this Act shall, without unnecessary delay, make over or send the person so arrested to a Magistrate having jurisdiction in the €se.

(1) ln order to prevent comrnjssion of any offence and in orderto make effective search, the officers and the other members of the Force will have the right to use minimum necessary force including use of fire arms as provided in Chapter Xl and Xll ofthe Code of Criminal Procedure Act, 1973.

241

(2) The provisions, envisaged in suFseclion (2) of sect,on 197 of code of Criminal Procedure, 1973 shall apply to all the Members and Supervisory Officers of the Forces.

(3) Wherever firing is resorted to by any personnel mentioned in clause (2) above, each such incident shall be enquired into by an Executive Magistrate of the locality, and any proceeding including institution of a criminal case of any nature or effecting an arrest can be initiated by the Police, only if, it is held, as a result of the Magisterial Enquiry that use of firearms has been unnecessary, unwarranted and excessive and such report has been examined and accepted by the Government.

Where this provision sits

ActThe Arunachal Pradesh Forest and Special Tiger Protection Force Act, 2012
Section11
JurisdictionState of Arunachal Pradesh
StatusIn force as published by the source

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