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Report No. 248

28. Elephants' Preservation Act, Act 6 of 1879

Category: Environmental Law

Recommendation: Repeal

The Act makes it an offence to kill, injure or capture wild elephants except in cases of self-defence, or in accordance with a licence granted under the Act. However, the Act imposes only an insignificant fine of Rs. 500 for its contravention, while a subsequent conviction attracts imprisonment for 6 months along with the fine.

The purpose of the Act is now subsumed by the Wildlife (Protection) Act, 1972 which has similar provisions on the prohibition of killing wild animals and on procedures for licensing. Elephants are included within the ambit of the 1972 Act, which also has more stringent penalties. Therefore the 1879 Act is redundant.



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