1,2Jagran Lakecity University, Mugaliyachap, Near Ratibad, Bhopal, Madhya Pradesh, Pincode 462044, India
Email ID: ayushi2392@gmail.com
Background: Environmental justice in India is largely dependent upon statutory institutions entrusted with the responsibility of detecting, investigating, and prosecuting environmental offences. The Indian legal framework provides multiple regulatory statutes aimed at addressing environmental degradation; however, the effectiveness of enforcement mechanisms remains a matter of significant scholarly debate.
Objective: This research examines the procedural framework governing inquiry and investigation under major environmental statutes, namely the Air (Prevention and Control of Pollution) Act, 1981; the Water (Prevention and Control of Pollution) Act, 1974; the Indian Forest Act, 1927; the Forest (Conservation) Act, 1980; and the Wildlife Protection Act, 1972. The study undertakes a comparative analysis of investigative mechanisms provided under these statutes and subsequently evaluates them in light of the procedural provisions contained in the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
Methods: The research critically analyses the statutory powers of law enforcement agencies and regulatory authorities operating under environmental legislation, and examines how investigative procedures prescribed under the BNSS differ from those adopted under environmental statutes. The study adopts a doctrinal and comparative legal research methodology. The doctrinal component involves analysis of statutory provisions, judicial precedents, and legal principles governing environmental enforcement and criminal investigation in India. The comparative component evaluates investigative powers granted to authorities under the Air Act, Water Act, Forest laws, and Wildlife Protection Act in contrast with investigative powers exercised by police authorities under the Bharatiya Nagarik Suraksha Sanhita, 2023.
Findings: In addition, the study examines environmental crime statistics and enforcement reports published by the National Crime Records Bureau, Central Pollution Control Board, and the Ministry of Environment, Forest and Climate Change to assess the practical effectiveness of these investigative mechanisms.
Conclusion: The paper concludes by identifying the regulatory and procedural gaps within the existing enforcement framework and proposes granting pollution control regulators enhanced investigative powers similar to those exercised under the Wildlife Protection Act and Indian Forest Act can significantly improve environmental crime detection and prosecution.
Keywords: Investigation, Inquiry, Environmental law, Justice, Criminal law
How to cite this article: Shrivastava A, Gupta V. Investigative Powers of Environmental Regulatory Authorities in India: A Comparative Analysis with the Criminal Procedure Framework. Int J Drug Deliv Technol. 2026;16(13s): 379-387. DOI: 10.25258/ijddt.16.13s.41
Source of support: Nil.
Conflict of interest: None