Declarants Of Exotic Live Species As Per 2020 MoEFCC Advisory Immune From Prosecution Under Wild Life Act & Future Amendments : Supreme Court

The Supreme Court on March 27 clarified that individuals who have made a declaration of ownership of 'exotic live species' in accordance with the 2020 advisory issued by the Ministry of Environment, Forest and Climate Change are immune from prosecution under the Wild Life Act of 1972 or action under any future laws or amendments. The bench comprising of Justice Krishna Murari and Justice Sanjay Karol while hearing the application for clarification of its earlier decision said that, “Since vide order dated 08.08.2022 it has been held that Advisory was an Amnesty Scheme and declarants are immune from prosecution, the same would obviously mean that declarants are immune from prosecution or action under any future laws and amendments incorporated in the Wild Life Act, 1972.” An application was filed seeking clarification of an order dated August 8th, 2022. The Court further clarified that, “Advisory was an Amnesty Scheme and declarants are immune from prosecution, the same would obviously mean that declarants are immune from prosecution or action under any future laws and amendments incorporated in the Wild Life Act, 1972.” The Apex Court also gave strong recommendation to the ministry consider extending the Advisory dated 11.06.2020 to the citizens at large for a further period of minimum six months or such further period which may be deemed appropriate with putting the public at large to caution that, if the scheme is not availed of and no declaration is made, the person concerned and the inventory in the possession of the person shall be liable for action as per Chapter VB of the Wild Life Act, 1972 irrespective of the date of which the inventory in question has come in the possession of such person. Citation : 2023 LiveLaw 245 Wild Life Act of 1972- Individuals who have made a declaration of ownership of 'exotic live species' in accordance with the advisory issued by the Ministry of Environment, Forest and Climate Change are immune from prosecution-Since it has been held that Advisory was an Amnesty Scheme and declarants are immune from prosecution, the same would obviously mean that declarants are immune from prosecution or action under any future laws and amendments incorporated in the Wild Life Act, 1972.