MP Government Makes Magisterial Probe Mandatory Before Police Action Against Forest Staff

Bhopal (Madhya Pradesh): In a major relief for forest personnel posted in the field, the state government has decided that whenever they use firearms while on duty, the executive magistrate of the concerned area will conduct an inquiry.

Police action including registration of an FIR or arrest can be taken only if the magisterial inquiry establishes that the firearm was used unnecessarily or excessively and the inquiry report is accepted by the state government.

The government said the provisions under Section 218(2) of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, will apply to forest guards, forest rangers, deputy forest rangers, sub-divisional officers, deputy directors, field directors and other forest personnel entrusted with maintaining public order in matters relating to forest and wildlife conservation.

The government said the decision to equip forest personnel with firearms was taken in view of the growing threat to the conservation, security and existence of wildlife in forest areas.

It stated that while discharging their duties, forest personnel face malicious criminal action because of the use of firearms. Therefore, it was necessary to protect them from prosecution without prior sanction.

The government said the decision was taken in light of the Supreme Court's directions in a writ petition and the powers conferred under Section 218(3) of the BNSS, 2023.

Former forest officer Nirmal Tiwari, who headed the MP Forest Association, said the government's decision to protect forest personnel in cases involving the use of firearms was a welcome step. Otherwise, they often faced police action after opening fire while on duty.