Madhya Pradesh Forest Personnel Get Legal Protection for Use of Firearms: Criminal Action Only After Magisterial Inquiry
The Government of Madhya Pradesh, Forest Department has issued an important notification aimed at providing procedural protection to forest personnel who use firearms while performing their official duties.
The notification was issued by the Forest Department, Government of Madhya Pradesh, Bhopal, dated 07.08.2026, vide No. FOR/2/0004/2022-sec-2-10. The notification provides that when specified forest personnel resort to the use of firearms in the discharge of their duties, any criminal proceedings, including registration of a criminal case or arrest, will be initiated by the Police only after a magisterial inquiry establishes that the use of firearms was unnecessary, unwarranted or excessive, and the inquiry report is accepted by the State Government.
Why Has Madhya Pradesh Issued This Notification?
The Madhya Pradesh Government has stated that forest land, forest-based resources and wildlife in Protected and Reserved Forest areas are vulnerable to increasing threats to their conservation, protection and existence.
Considering these challenges, the State Government has decided to arm forest personnel with firearms for protection and conservation-related duties.
At the same time, the Government has recognised that the use of firearms by forest personnel while discharging their mandated duties could expose them to vexatious criminal proceedings. Therefore, the notification provides a specific procedural safeguard against prosecution without prior sanction.
Which Forest Personnel Are Covered?
The provisions specified under the notification apply to a wide range of forest officers and employees entrusted with responsibilities relating to forest and wildlife protection, conservation and management.
These include:
- Forest Guards
- Foresters
- Deputy Forest Range Officers
- Forest Range Officers
- Assistant Conservators of Forests
- Sub-Divisional Forest Officers
- Deputy Conservators of Forests
- Deputy Directors
- Divisional Forest Officers
- Regional Chief Conservators of Forests
- Field Directors
- Other Forest Officers in the State who are responsible for maintaining public order relating to forest and wildlife protection, conservation and management
Thus, the notification covers both field-level forest personnel and senior forest officers falling within the specified category.
What Happens When Forest Personnel Use Firearms?
One of the most important provisions of the notification relates to the procedure to be followed whenever the covered forest personnel use firearms.
According to Clause (b), every such incident shall be inquired into by an Executive Magistrate having jurisdiction over the concerned area.
This means that the use of firearms by forest personnel will first be subjected to a magisterial inquiry before the Police can initiate specified criminal proceedings.
Can Police Immediately Register a Criminal Case or Make an Arrest?
The notification provides an important safeguard in this regard.
Whenever firearms are used by the forest personnel covered under the notification, proceedings by the Police—including:
- Institution of a criminal case of any nature; and/or
- Effecting an arrest
shall be initiated only if the magisterial inquiry finds that the use of firearms was unnecessary, unwarranted and excessive, and the magisterial inquiry report has subsequently been accepted by the State Government.
Therefore, the notification establishes a preliminary inquiry mechanism before such criminal proceedings are initiated against the covered forest personnel.
Protection Does Not Mean Unlimited Use of Firearms
The notification should not be interpreted as giving forest personnel unrestricted authority to use firearms.
The protection is linked to the performance of their mandated duties and responsibilities. If a magisterial inquiry concludes that the use of firearms was unnecessary, unwarranted or excessive, further criminal proceedings may be initiated in accordance with the notification.
This creates a balance between protecting forest personnel performing difficult field duties and ensuring accountability for the use of firearms.
Reference to the Supreme Court
The notification states that the State Government has issued these directions in accordance with the directions issued by the Hon'ble Supreme Court in suo motu W.P. (C) No. 2 of 2026.
It also refers to the powers conferred by sub-section (3) of Section 218 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) and other enabling provisions.
When Will the Notification Come Into Force?
The notification clearly states that it shall come into force from the date of its publication in the Madhya Pradesh Gazette.
The notification has been issued by the order and in the name of the Governor of Madhya Pradesh and is signed by Rajbendra Mishra, Ex-Officio Deputy Secretary, Government of Madhya Pradesh, Forest Department. The notification is dated 07.08.2026.
Why Is This Decision Important for Forest Guards?
Forest Guards, Foresters and other field-level forest personnel frequently work in remote and challenging forest areas. Their duties may involve forest protection, wildlife protection, prevention of illegal activities and maintaining public order relating to forests and wildlife.
In certain situations, the use of firearms may become necessary while performing such official duties.
The new notification provides a defined procedure for dealing with such incidents. Instead of immediately initiating criminal proceedings, the incident is first subjected to a magisterial inquiry.
This can provide greater procedural protection to forest personnel while ensuring that any alleged misuse of firearms can still be examined through an official inquiry.
Key Points of the Madhya Pradesh Forest Department Notification
Notification Date: 07.08.2026
Department: Forest Department, Government of Madhya Pradesh
Location: Mantralaya, Vallabh Bhawan, Bhopal
Notification No.: FOR/2/0004/2022-sec-2-10
Main Subject: Protection of forest personnel in cases involving the use of firearms during official duties
Inquiry Authority: Executive Magistrate having jurisdiction over the concerned area
Criminal proceedings: Can be initiated by the Police if the magisterial inquiry finds the firearm use unnecessary, unwarranted and excessive, and the inquiry report is accepted by the State Government.
Effective Date: From the date of publication in the Madhya Pradesh Gazette.
Conclusion
The Madhya Pradesh Forest Department notification dated 07.08.2026 is an important step concerning the legal and procedural protection of forest personnel using firearms while performing their official duties.
The notification covers Forest Guards, Foresters, Forest Range Officers, Assistant Conservators of Forests, Divisional Forest Officers, Regional Chief Conservators of Forests, Field Directors and other specified forest officers.
Most importantly, where a covered forest employee uses a firearm in the discharge of official duties, the incident will first be examined through a magisterial inquiry. Criminal proceedings, including registration of a criminal case or arrest, can be initiated by the Police only when the inquiry finds the use of firearms to have been unnecessary, unwarranted and excessive, and the inquiry report is accepted by the State Government.
The decision therefore seeks to provide procedural protection to forest personnel while maintaining accountability for the use of firearms.
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