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Siddharth (Manager)     15 December 2023

Dear lawyers, urgent query... please clarify

One family is keeping Indian breed turtle as pet since 8 years. If somebody complain against them, what would be the penalty or fine if any? The wife has nothing to do with it, the husband is keeping it.If some body complains,would both have to face the charges or only the guy has to face the charges and what would be the charges?

Kindly clarify

Thanks and regards


Learning

 2 Replies

Sanskriti Tiwari   16 December 2023

The possession of certain species of turtles, especially those protected under the Wildlife Protection Act, 1972, requires specific permissions or licenses. The act prohibits the possession, trade, or transportation of certain species without appropriate authorization. Indian star tortoises and some other turtle species are protected under this act.

If someone complains about the possession of an Indian breed turtle without proper authorization, legal consequences may ensue. Generally, both the husband and wife can be held liable for the possession of the turtle, as it’s assumed that both are responsible for the household. However, their individual liabilities could differ on the basis of the extent of their involvement and awareness.

In cases, where only one person is directly responsible for the possession and the other lacks involvement or knowledge, the court may consider mitigating factors in determining liability. Under the Wildlife Protection Act, penalties for possession without proper permits can range from fines to imprisonment, varying based on the severity of the offence. Section 51 of the act specifies penalties for violations, including certain amount of fine and imprisonment up to a certain term or both.

Sudhir Kumar, Advocate (Advocate)     28 February 2024

are you he same person who was rude to an experts at

https://www.lawyersclubindia.com/forum/details.asp?mod_id=230565&offset=1


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