Chapter 3: The Wild Life (Protection) Act, 1972

Chapter III: Hunting of Wild Animals

Section 9: Prohibition of hunting

[9. Prohibition of hunting. -No person shall hunt any wild animal specified in Schedules I, II, III and IV except as provided under section 11 and section 12.]

• Simple Translation: It is strictly illegal for any person to hunt (kill, capture, injure, or poison) any protected wild animal listed in Schedules I, II, III, or IV.
• Critical Exception: The only way hunting is allowed is under the very specific and rare permissions granted for self-defense/disabled animals (Section 11) or for scientific/special purposes (Section 12).
• Practical Example: Hunting a leopard (Schedule I) is a serious crime. The only legal justification would be if the animal was certified as a man-eater by the Chief Wild Life Warden (Section 11).

Section 10: [Omitted.]

[10. Maintenance of records of wild animals killed or captured. Omitted by the Wild Life (Protection) Amendment Act, 1991 (44 of 1991), s. 10 (w.e.f. 2-10-1991).]

• Simple Translation: This section, which previously required people to keep track of any protected animals they killed or captured, was removed from the Act in 1991.
• Practical Example: Due to the near-total ban on hunting, this section became obsolete and was formally deleted from the law.

Section 11: Hunting of wild animals to be permitted in certain cases

This section details the very few, strictly controlled scenarios where protected animals may be hunted (killed or captured) legally.

1. 11(1) Notwithstanding anything contained in any other law for the time being in force and subject to the provisions of Chapter IV,-
   • Simple Translation: The rules in this section override any conflicting law currently active, but they must still follow the general rules for protected areas (Sanctuaries and National Parks).
   • Practical Example: If a state law about protecting crops allows farmers to shoot a specific animal, this Act’s rules take precedence. Hunting is only allowed if the conditions below are met.
2. 11(1)(a) the Chief Wild Life Warden may, if he is satisfied that any wild animal specified in Schedule I has become dangerous to human life or is so disabled or diseased as to be beyond recovery, by Order in writing and stating the reasons therefor, permit any person to hunt such animal or cause such animal to be hunted;
   • Simple Translation: The Chief Wild Life Warden (CWLW) can issue a written, reasoned order allowing someone to hunt (capture or kill) an animal listed in Schedule I (highest protection), only if the animal is certified as a danger to human life or is irreversibly disabled/diseased.
   • Practical Example: After multiple attacks, the CWLW investigates and confirms a specific tiger is a man-eater. The CWLW issues an order permitting its capture or elimination.
   • Provided that no wild animal shall be ordered to be killed unless the Chief Wild Life Warden is satisfied that such animal cannot be captured, tranquilised or translocated:
     • Simple Translation: The CWLW cannot issue a “kill” order unless they are first certain that the animal absolutely cannot be safely captured, tranquilized, or moved to a different location.
     • Practical Example: Before the order to kill the man-eater is given, the CWLW must document that attempts to dart and relocate the animal have been deemed impractical or have failed.
   • Provided further that no such captured animal shall be kept in captivity unless the Chief Wild Life Warden is satisfied that such animal cannot be rehabilitated in the wild and the reasons for the same are recorded in writing.
     • Simple Translation: If the animal is successfully captured, it cannot be kept in captivity unless the CWLW is convinced it cannot be released back into the wild, and they must record these reasons.
     • Practical Example: If the tiger is captured and veterinary exams show it has lost a paw and cannot hunt, the CWLW records this, and the animal is transferred to a permanent rescue facility, not released.
   • Explanation. For the purposes of clause (a), the process of capture or translocation, as the case may be, of such animal shall be made in such manner as to cause minimum trauma to the said animal]
     • Simple Translation: The methods used to capture or move the animal must be executed to cause the least possible stress or injury (minimum trauma).
     • Practical Example: A relocation team must use appropriate tranquilizers and specialized crates, rather than crude methods that could injure the animal.
3. 11(1)(b) the Chief Wild Life Warden or the authorised officer may, if he is satisfied that any wild animal specified in Schedule II, Schedule III, or Schedule IV, has become dangerous to human life or to property (including standing crops on any land) or is so disabled or diseased as to be beyond recovery, by order in writing and stating the reasons therefor, permit any person to hunt [such animal or group of animals in a specified area or cause such animal or group of animals in that specified area to be hunted].
   • Simple Translation: For animals in Schedules II, III, or IV (lesser protection), the CWLW or an Authorized Officer can permit hunting (capture or killing) if the animal or a group of animals is dangerous to human life, damages property (like crops), or is irreversibly diseased. The permit must specify the animal or group and the exact geographic area where the action is allowed.
   • Practical Example: Farmers report regular, severe crop damage by a group of wild boars (Schedule III). The Authorized Officer issues a permit allowing the boars to be hunted (e.g., driven out or culled) only within the boundary of those specific agricultural fields.
4. 11(2) The killing or wounding in good faith of any wild animal in defence of oneself or of any other person shall not be an offence:
   • Simple Translation: If you kill or injure a wild animal while genuinely acting to protect yourself or another person from immediate danger, you have not committed a crime under this Act.
   • Practical Example: A villager walking through a forest is suddenly charged by an injured bear and shoots it. This act of immediate self-defense is not considered an offense.
   • Provided that nothing in this sub-section shall exonerate any person who, when such defence becomes necessary, was committing any act in contravention of any provision of this Act or any rule or order made thereunder.
     • Simple Translation: This self-defense exception does not protect a person who was already breaking the law when the attack occurred.
     • Practical Example: A poacher who illegally entered a restricted National Park area with a weapon is attacked by a wild animal. If he kills the animal, he cannot claim self-defense protection because he was already committing the offense of illegal entry and trespass.
5. 11(3) Amy wild animal killed or wounded in defence of any person shall be Government property.
   • Simple Translation: Any animal killed or injured in self-defense must be handed over to the authorities immediately, as it legally belongs to the Government.
   • Practical Example: The villager who shot the bear in self-defense (from 11(2)) must report the incident to the Forest Department and cannot keep the bear’s skin, claws, or body parts.

Section 12: Grant of permit for special purposes

This section outlines the legal permission process for hunting (capturing or collecting) for non-commercial, specialized purposes.

1. 12. Notwithstanding anything contained elsewhere in this Act, it shall be lawful for the Chief Wild Life Warden, to grant a permit, by an order in writing stating the reasons therefor, to any person, on payment of such fee as may be prescribed, which shall entitle the holder of such permit to hunt subject to such conditions as may be specified therein, any wild animal specified in such permit, for the purpose of,-
   • Simple Translation: The CWLW can issue a written permit, stating reasons, to any person (upon paying a fee set by rules) to hunt (usually capture or collect, not kill) a specific wild animal, subject to strict rules defined in the permit. This is only for specific, approved purposes:
   • 12(a) education;
     • Practical Example: A local college is granted a permit to collect a small number of non-Schedule I insects for its entomology lab demonstrations.
   • 12(b) scientific research;
     • Practical Example: A doctoral student is permitted to capture, tag, and release a specific number of deer for a non-invasive field study on migration and population health.
   • 12(bb) scientific management.
     • Simple Translation: For conservation actions based on scientific principles.
     • Explanation. For the purposes of clause (bb), the expression, “scientific management” means-
       • Explanation (i) translocation of any wild animals to an alternative suitable habitat; or
         • Practical Example: The CWLW permits the capture and transport of excess rhinos from a crowded National Park to a new, suitable reserve to establish a second population.
       • Explanation (ii) population management of wildlife, without killing or poisoning or destroying any wild animals;]
         • Practical Example: A permit is granted to a veterinary team to capture and sterilize a localized population of monkeys to control their rapid growth, without killing them.
   • 12(c) collection of specimens-
     • 12(c)(i) for recognised zoos subject to the permission under section 38-1; or
       • Practical Example: A newly recognized zoo receives permission to acquire a pair of non-Schedule I animals from the wild for display, provided they follow the rules in Section 38-I.
     • 12(c)(ii) for museums and similar institutions;
       • Practical Example: The National History Museum is granted a permit to collect a specimen of a rare bird that died naturally for taxidermy and display in its collection.
   • 12(d) derivation, collection or preparation of snake-venom for the manufacture of life-saving drugs:]
     • Practical Example: A licensed anti-venom laboratory is granted a permit to safely collect venom from cobras, provided the snakes are released afterward, to produce life-saving anti-venom medicine.
   • Provided that no such permit shall be granted-
     • 12 Proviso (a) in respect of any wild animal specified in Schedule I, except with the previous permission of the Central Government, and
       • Simple Translation: To hunt or collect any Schedule I animal (e.g., Tiger, Snow Leopard), the CWLW must get prior approval from the Central Government.
       • Practical Example: A researcher wanting to study a specific endangered marine mammal (Schedule I) must ensure the CWLW obtains approval from the Ministry of Environment, Forest and Climate Change in Delhi.
     • 12 Proviso (b) in respect of any other wild animal, except with the previous permission of the State Government;]
       • Simple Translation: To hunt or collect any animal from Schedules II, III, or IV, the CWLW must get prior approval from the State Government.

Practical Example: A local university wanting to collect Schedule IV amphibians for a study needs the CWLW to secure approval from the State Minister of Forests.