Doggie Laws

 

The Prevention of Cruelty Animals Act,1960

 

Q 1) What amounts to cruelty on animals as per the Prevention of Cruelty Animals Act, 1960?

 

A) Section 11 (1) (a) to (o) of The Prevention of Cruelty to Animals Act, 1960 prescribes and enumerates the forms of cruelty mentioned  

    here: Sect 11(1)(a) Beating, Kicking, Over-riding, Over-driving, Over-loading, Torturing, Causing unnecessary pain or suffering to 

    any animals;

 

(b) Employing any animal which, by reason of its age or any disease, unfit to be so employed, and still making it work or labour or for any

      purpose;

 

(c) Wilfully and unreasonably administering any injurious drug or injurious substance;

 

(d) Conveying or carrying, either in or upon any vehicle in such a manner as to subject it to unnecessary pain or suffering;

 

(e) Keeping or confining any animal in any cage or any receptacle, which does not measure sufficiently in height, length and breadth to

     permit the animal a reasonable opportunity for movement;

 

(f) Keeping for an unreasonable time any animal chained or tethered upon an unreasonably heavy chain or chord;

 

(g) Being the owner, neglects to exercise or cause to be exercised reasonably any dog habitually chained up or kept in close confinement;

 

(h) Being the owner of any animal fails to provide such animal with sufficient food, drink or shelter;

 

(i) Being the owner, without reasonable cause, abandons any animal in circumstances, which render it likely that it will suffer pain by reason

    of starvation or thirst;

 

(j) Wilfully permits any animal, of which he is the owner to go at large in any street while the animal is affected with a contagious or infectious

    disease, or without reasonable excuse permits any diseased or disabled animal, of which he is the owner, to die in any street;

 

(k) Offers for sale or without reasonable cause, has in his possession any animal which is suffering pain by reason of mutilation, starvation,

     thirst, overcrowding or other ill-treatment

 

(l) Mutilates any animal or kills any animal (including stray dogs) by using the method of strychnine injections in the heart or in any other

    unnecessarily cruel manner;

 

(m) Solely with a view to providing entertainment - (i) Confines or causes to be confined any animals (including tying of an animal as bait in a

      tiger or other sanctuary) so as to make it an object of prey for any other animal; (ii) Incites any animal to fight or bait any other animal.

 

(n) Organizes, keeps, uses or acts in the management of any place for animal fighting or for the purpose of baiting any animal or permits or

      offers any place to be so used or receives money for the admission of any other person to any place kept or used for any such purposes;

 

(o) Promotes or takes part in any shooting match or competition wherein animals are released from captivity for the purpose of such

     shooting.

 

 

 

Is treating animals cruelly, a punishable offence?

 

 

A) Yes. If any animal is subjected to any form of cruelty specified treated in any cruel way, in any of the ways provided under Section11 (a) to

     (o) of The Prevention of Cruelty to Animals Act, 1960, the offender (in the case of a first offence) will have to pay fine which shall extend to

      fifty rupees and if it is the case of second offence or subsequent offence committed within three years of the previous offence, he will be

      fined with not less than twenty-five rupees but which may extend to one hundred rupees or with the imprisonment for a term which may

      extend to three months or with both. Also, in the case of second offence, the offender will never be allowed to keep an animal again.

 

 

Q3) What are Cognizable and Non-Cognizable offences?

 

 

A) Section 2 (c) of the Code of Criminal Procedure, 1973 defines “Cognizable Offence”. The cognizable offences means that such of the

    offences wherein Police Officer is empowered to arrest the accused/ offender without warrant. All cognizable offences comes under the

    specified offences under the Indian Penal Code such as Murder, Robbery, Theft, Rioting, Counterfeiting etc. B) Section 2 (l) of the Code of

    Criminal Procedure, 1973 defines “Non-Cognizable Offences”. The non-cognizable offences are such offences where the Police

    Officer is not empowered to arrest the accused/offender without warrant. In the commission of any Non-Cognizable Offences, the Police

    Officer should obtain a warrant from the Magistrate concerned to arrest the accused/offender. The cases of Public nuisance, Mischief,

    Assault, Causing Simple Hurt, are some of the offences which are Non-Cognizable Offences.

 

 

Q 4) What are the common offences against the PCA and which ones are cognizable?

 

A) The following list explains the forms of offences – Cognizable and Non-Cognizable under the PCA Act, 1960:

 

Nature Of Offence Section Violated Cognizable (Cog.) Or Non-Cognizable (Non-Cog.)

 

1. Beating, Kicking, Overriding, Over-driving, Overloading, Torturing, Causing unnecessary pain or suffering to any animals; Section 11(1)(a)

Non-Cog

 

2. Employing any animal which, by reason of its age or any disease, unfit to be so employed, and still making it work or labour or for any

purpose; Section 11(1)(b) Non-Cog

 

3. Wilfully and unreasonably administering any injurious drug or injurious substance; Section 11(1) ( c) Non-Cog

 

4. Conveying or carrying, either in or upon any vehicle in such a manner as to subject it to unnecessary pain or suffering; Section 11(1) (d)

Non-Cog

 

5. Keeping or confining any animal in any cage or any receptacle which does not measure sufficiently in height, length and breadth to permit

the animal a reasonable opportunity for movement; Section 11(1)(e) Non-Cog

 

6. Being the owner, neglects to exercise or cause to be exercised reasonably any dog habitually chained up or kept in close confinement

Section 11 (1)(g) Non-Cog

 

7. Being the owner of any animal fails to provide such animal with sufficient food, drink or shelter; Section 11(1)(h) Non-Cog

 

8. Without reasonable cause, abandons any animal in circumstances which render it likely that it will suffer pain by reason of starvation

or thirst; Section 11(1)(i) Non-Cog

 

9.Willfully permitting any animals, of which he is the Owner to go at large in any street while the animal is affected with contagious or

infectious disease, or without reasonable excuse permits any diseased or disabled animal, of which he is the owner, to die in any street;

Section 11(1)(j) Non-Cog

 

10. Offers for sale or without reasonable cause, has in his possession any animal which is suffering pain by reason of mutilation, starvation,

thirst, overcrowding or other ill-treatment; Section 11(1)(k) Non-Cog

 

11. Mutilates any animal or kills any animal (including stray dogs) by using the method of strychnine injections in the heart or in any other

unnecessarily cruel manner; Section 11(1)(l) Cog.

 

12. Solely with a view to providing entertainment: a) Confines or causes to be confined any animals (including tying of an animal as bait in a  

tiger or other sanctuary) so as to make it an object of prey for any other animal; b) Incites any animal to fight or bait any other animal.Section

11(1)(m) Non-Cog

 

13. Organizes, keeps, uses or acts in the management of,any place for animal fighting or for the purpose of baiting any animal or permits or

offers any place to be so used or receives money for the admission of any other person to any place kept or used for any such purposes;

Section (1)(n) Cog.

 

14. Promotes or takes part in any shooting match or competition wherein animals are released from captivity for the purpose of such

shooting. Section 11(1)(o) Cog.

 

15. If any person performs upon any cow or other milch animal the operation called phooka or any other operation, including injection of

oxytocin given by dairies to their milch animals in order to induce milk, which is injurious to health; Section 12 Cog.

 

 

Can an individual ‘arrest’ someone who is treating an animal cruelly and bring him to a police station?

 

A) Any person or individual under whose presence any offence under the Act is committed, can immediately lodge a written complaint with the

nearest Police Station for taking action.

 

 

What are the powers that a police man can exercise when he see cruelty being done on animals?

 

A) Section 34 of The Prevention of Cruelty to Animals Act, 1960 provides the general power of seizure for examination to the police officer

above the rank of constable. If the police officer comes to know about an offence against commission of any offence under PCA Act has been

committed or is been committed on any animal, he can seize the animal and produce the same for examination by the nearest magistrate or

by the Veterinary Officer. Whether it is the case of overloading of animals or beating of animal or any offences under this PCA Act, the police

have the power to seize the animals and send them to infirmaries for the treatment and care of animals. This is provided under Section 35 of

The Prevention of Cruelty to Animals Act, 1960. Section 35 states that the animals are to be detained and have to be produced before the

magistrate. Animals are to be treated and cared for in an infirmary, until they are fit for discharge. The animal sent for care and treatment to

an infirmary cannot be released from such places unless the veterinary officer issues the certificate of its fitness for discharge. The cost of

transporting the animal to an infirmary and its maintenance and treatment in an infirmary, has to be paid by the owner of the animal.

 

 

If a person kills another person’s dog or any other pet deliberately, what action should be taken?

 

A) Killing of an animal/pet is illegal and its is an offence being to cruelty on animals as defined under Section 11of The Prevention Of Cruelty

to Animals Act. It is a cognizable offence under Section 428 and Section 429 of the Indian Penal Code. Section 428 of the IPC deals with

the punishment for committing mischief by killing, poisoning, maiming or rendering useless any animal or animals of the value of ten rupees

or upwards. The punishment for such acts/offences are simple or rigorous imprisonment for a term, which may extend to two years, or with a

fine, or with both. While Section 429 of the IPC deals with the punishment for the same nature of crime but for the animals of the value of

fifty rupees or upwards. It must be immediately lodged as an F.I.R with the area police station. The punishment in this case will be

imprisonment of either description for a term, which may extend to five years or with a fine, or with both.

 

 

 

 What is the legal action to be taken on a complaint of stealing of a dog or any other animal?

 

A) Section 378 of Indian Penal Code deals with ‘ Theft’, stating that whoever, intending to take dishonestly any moveable property out of the

possession of any person without that person’s consent, moves that property in order to such taking, is said to commit theft. And the

property, under this section includes ‘animals’ too. The section itself explains the matter related to animals. A person, who by any means

causes an animal to move, is said to move that animal without the consent of the owner.

 

For example; A, being Z’s servant and entrusted by Z with the care of his dog, takes the dog and sells it to the other party, without Z’s

consent. The act of A will amount to theft.

 

A Pet, or any other animal within the possession of the owner is considered to be the property of the owner. And any property taken away

from the owner without the consent of the owner, amounts to theft.

 

Section 379 of Indian Penal Code, penalizes ‘theft’. Under this Section, the punishment of theft is imprisonment of either description for a

term, which may extend to three years, or with fine, or with both.

 

So, like in any other theft case, the procedure will be the same. When a person approaches the police station with the complaint regarding

the theft of an animal, the complainant should be encouraged to give a detailed description of the lost animal, if possible with a photograph.

And it should be immediately filed as an F.I.R in the police register/records, the copy of which should be duly signed, stamped and dated,

along with the time and be handed to the complainant. The duty officer of the police station is responsible for making all the necessary

entries. The complainant has right to file an F.I.R. This should be read together with the Prevention of Cruelty to Animals Act 1960

as forcibly taking an animal out of its environs amounting to cruelty.

 

 

 

 In a complaint under Section 428/429 of the IPC in respect of a dog of the complainant who has been poisoned by a

neighbour, what kind of evidence should be looked and asked for?

 

A) If the owner believes that the neighbour is responsible, the owner should immediately contact the nearest police officer. The police officer

should visit the site and note the condition of the dog. The dog has to be taken to a vet, either private or government, for a post-mortem to

determine the cause and approximate time of death. In the meantime the police officer can collect any physical evidence that is available,

indicating both the perpetrator and the method used. The police officer must record the statement of the witnesses who have seen the

poisoning or witnesses who can record the attitude or history of previous cruelty of the alleged perpetrator towards the deceased.

Thereafter, the police officer must put up a challan before the court of the concerned magistrate.

 

 

 Can people who feed animals in their areas be stopped by the RWAs or Societies or neighbour under the law?

 

A) Article 51A of the Constitutional Law of India, speaks about the duties of every citizen of India. One of these duties includes having

compassion for living creatures. So the animal lover is protected under the Constitution. Article 19 of the Constitution of India, deals with right

to freedom and in this freedom comes the right to profession, occupation, trade and business. Therefore, it means that every citizen has the

right to occupation and if someone has taken the caring of animals as his occupation, it is legal and he has every right to carry on with his

occupation. Article 21 of the Constitution of India states the right to personal life and liberty. This is a very vast right. If someone wants to

feed and provide shelter to dogs, he is at liberty to do so. He has the same right to liberty that the law provides to every citizen of India.

 

Section 503 of the Indian Penal Code 1860, provides that intimidation is a criminal offence which is cognizable. Anyone who threatens or

intimidates any person taking care of dogs, is liable for criminal intimidation under Section 503 of Indian Penal Code and can be arrested

without a warrant. But, above every law and rights, there is a natural right, which is a universal right, inherent in the nature of ethics and

contingent on human actions or beliefs. It is the right that is claimed to exist even when it is not enforced by Government or society as a

whole. It is the right of the individual and considered beyond the authority of a Government or international body to dismiss. Therefore, if

there are any rights at all, there must be right to liberty, for all the others depend on this. And the choice of loving, caring, feeding and

giving shelter to dogs is the natural right of any individual. In a Judgment passed by the Delhi Court, it has been stated that the Animal

Welfare Board of India and the Municipal Authorities have in the guidelines issued by them specified the problem often faced by individuals

and families who adopt and feed stray animals. The court says that it is necessary to bring into record that these individuals and families who

adopt stray animals are doing a great service to humanity as they are acting in the aid and assistance of Municipal Authorities by providing

these animals with food and shelter and also by getting them vaccinated and sterilized. Without assistance of such persons no local Municipal

Authority can successfully carry out its ABC programme. The Court has proceeded to say that the local police and the municipal authorities

are under obligation not only to encourage such adoption but also to ensure protection to such persons who come forward to take care of

these animals specifically the community or neighborhood dogs so that they are not subjected to any kind of cruelty, finally, the Court has

said that every individual has the right to live his life in the manner he wants and it is necessary that the society and the community recognize

it.

 

 

Can an RWA/Society or any individual remove or have removed the dogs in a colony that are already sterilized and

vaccinated and throw them away anywhere?

 

A) Under the Govt. of India, Animal Birth Control Rules 2001, no sterilized dogs can be relocated from their area. As per five different High Court orders, sterilized dogs have to remain in their original areas. If the dog is not sterilized, the Society can simply ask an animal welfare organization to sterilize and vaccinate the dog. They cannot relocate them. Relocation is not permissible, as it would cause more problems such as an increase in dog bites as new dogs will move into the area who are unfamiliar with residents and therefore more likely to be hostile.

B) The Government of India has issued a circular Dy No 1237 dated 30/9/2006, specifically directing all RWAs and any other recognized citizens associations as follows:

 

  • As per Section 11 of Prevention of Cruelty to Animals Act,1960, beating,

       kicking ,over-riding, overloading, over-driving, torturing or otherwise treating

       any animals so as to subject it to unnecessary pain amounts to cruelty on

       animals. And whoever indulges in an act of cruelty to animals makes himself

       liable for action under Prevention of Cruelty to Animals Act.

 

  • There are designated agencies in Govt/local self-government Organizations

          that are authorized to deal with stray animals. Such Organizations regularly

          undertake inoculations, sterilization of animals and other programmes.

 

  • Recognized Associations may approach such institution for redressal of their

          grievances if any, with regard to stray animals. Un-recognized associations

          may also approach such bodies with their grievances, but they should not

          pretend to represent the residents in general.

 

  • All problems of stray animals have to be handled within the institutional

         framework available. No association, recognized or unrecognized, shall take

         recourse to any action regarding stray animals on their own, either themselves

         or through any person employed by them like security guards.

 

  • Where there is no recognized association, residents may take up grievances

          through the AWO/Office of the CWO.

 

  • While residents and Associations are free to address institutional agencies for

          redressal of grievances in this matter, no resident/association will interfere

          with the freedom of other residents in caring and attending animals.

 

  • Intimidating in any manner, those who feed and care for animals is a criminal

         offence. Apart from action under appropriate criminal law, such persons will

         render themselves liable for action under CCS Conduct Rules.

 

 

 

Does the Prevention of Cruelty to Animals Act, 1960, provides the powers of search and seizure to the police?

 

A) Yes. Section 32 of the Act, states that if a police officer not below the rank of subinspector, has reason to believe that an offence of cruelty

has been committed or that any person has in his possession the skin of any such animal with any part of the head attached thereto, he may

enter and search place or any place in which he has reason to believe any such skin to be, and may seize such skin or any article or thing

used or intended to be used in the commission of such offence.

 

Also, if a police officer, not below the rank of sub-inspector, has reason to believe that phooka or any other operation of the nature referred

to in Section12, has been performed or will be performed on any animal within the limits of his jurisdiction, he may enter any place in which he

has reason to believe such animal to be, and may seize the animal and produce it for the examination by the Veterinary Officer in charge of

the area in which the animal is seized.

 

  

 

· The Prevention of Cruelty to Animals Act, 1960

 

The Act, prohibits the infliction of unnecessary pain and suffering on an animal and

makes such unnecessary pain and suffering a penal offence. Sub- section (3) of section 11

PCA says that it is the duty of every person having the care and charge of any animal to

take all reasonable measure to ensure the well being of such animal and to prevent the

infliction of unnecessary pain or suffering. The penalty under this Act is, the offender (in

the case of a first offence) will have to pay fine which shall extend to fifty rupees and if it

is the case of second offence or subsequent offence committed within three years of the

previous offence, he will be fined with not less than twenty-five rupees but which may

extend to one hundred rupees or with the imprisonment for a term which may extend to

three months or with both. Also, in the case of second offence, the offender’s vehicle is

confiscated, and he will never be allowed to keep an animal again.

 

 

 

· Indian Penal Code (IPC):

 

Under Section 268 of IPC, 1860 a person is guilty of a public nuisance who does any

act or is guilty of an illegal omission which causes any common injury, danger or

annoyance to the public or to the people in general who dwell or occupy property in

the vicinity or which must necessarily cause injury, obstruction, danger or annoyance

to persons who may have persons who may have occasion to use any public right. A

common nuisance is not excused on the ground it causes some convenience or

advantage. Under 269/270It can be a negligent act or a malignant act which can

spread infection or disease dangerous to life. These sections enable a person to file a

charge sheet to prohibit the killing of an animal or the sale of the meat obtained from

sacrificed animals, in any public place, other than those which are registered for this

purpose. Also, the killing of an animal in public place amounts to public nuisance,

and annoyance to the public.

 

Source: www.awbi.org