Cruelty to Animals Act

7/29/2019 Cruelty to Animals Act

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THE PREVENTION OFCRUELTY TO ANIMALS ACT, 1960(59 of 1960)As amended by Central Act 26 of 1982.

THE PREVENTION OF CRUELTY TO ANIMALS ACT, 1960(59 OF 1960)

As amended by Central Act 26 of 1982.ARRANGEMENT OF SECTIONSSection No.CHAPTER I - PRELIMINARY1. Short title, extent and commencement.2. Definitions.3. Duties of persons having charge of animals.CHAPTER II - ANIMAL WELFARE BOARD OF INDIA4. Establishment of Animal Welfare Board of India.5. Constitution of the Board.5A. Reconstitution of the Board.6. Term of off ice and conditions of service of Members of the Board,7. Secretary and other employees of the Board.8. Funds of the Board.9. Functions of the 'Board.10. Power of Board to make regulations.CHAPTER III-CRUELTY TO ANIMALS GENERALLY11. Treating animals cruelly.12. Penalty for practising phooka or doom dev.13. 'Destruction of suffering animals'.CHAPTER IV-EXPERIMENTATION OF ANIMALS

14. Experiments on animals.15. Committee for control and supervision of experiments on animals.15A. Sub-Committee.16. Staff of the Committee.17. Duties of the Committee and power of the Committee to make rulesrelating toexperiments on animals.18. Power of entry and inspection.19. Power to prohibit experiments on animals.20. Penalties.CHAPTER V-PERFORMING ANIMALS

21. "Exhibit" and "train" defined.22. Restriction on exhibition and training of performing animals.23. Procedure for registration.24. Power of court to prohibit or restrict exhibition and training of performinganimals.25. Power to enter premises.26. Offences.27. Exemptions.CHAPTER VI-MISCELLANEOUS28. Saving as respects manner of killing prescribed by religion.

29. Power of court to deprive person convicted of ownership of animal.30. Presumptions as to guilt in certain cases.31. Cognizability of offences.32. Powers of search and seizure.


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33. Search warrants.34. General Power of seizure for examination.35. Treatment and care of animals.36. Limitation of prosecutions.37. Delegation of powers.38. Power to make rules.

38A. Rules and regulations to be laid before Parliament.39. Persons authorised under section 34 to be public servants.40. Indemnity.41. Repeal of Act 11 of 1890.LIST OF ABBREVATIONS USEDIns. InsertedS. SectionSubs. Substituted.

THE PREVENTION OF CRUELTY TO ANIMALS ACT, 1960(59 OF 1960)(26th December, 1960)AN ACTto prevent the infliction of unnecessary pain or suffering on animals and forthatpurpose to amend the law relating to the prevention of cruelty to animals.Be it enacted by Parliament in the Eleventh year of the Republic of India asfollows:CHAPTER IPRELIMINARY1. Short title, extent and commencement : (1) This Act may be called thePrevention

of Cruelty to Animals Act, 1960.(2) It extends to the whole of India except the State of Jammu and Kashmir. ,(3) It shall come into force on such date as the Central Government may, bynotification in the official Gazette, appoint, and different dates may beappointed for different States and for the different provisions comained in thisAct.2. Definitions : In this Act, unless the context otherwise. requires,(a) "animal" means any living creature other than a human being,1[(b) "Board" means the Board established under Section 4. and asreconstitutedfrom time to time under Section 5A]

(c) "captive animal" means any animal (not being a domestic animal) which isincapacity or confinement, whether permanent or temporary, or which issubjected to any appliance of contrivance for the purpose of hindering orpreventing its escape from captivity or confinement or which is pinioned orwhich is or appears to be. maimed;(d) "domestic animal" means any animal which is tamed or which has been orisbeing sufficiently tamed to serve some purpose for the use of man or which,although it neither has been nor is intended to be so tamed, is or has becomeinfact wholly or partly tamed-,(e) "local authority" means a municipal committee, district board or otherauthority for the time being invested by law with the control and


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administration of any matters within a specified local area;(f) "owner", used with reference to an animal, includes not only the owner butalso any other person for the time being in possession or custody of the animal,whether with or without the consent of the owner.(g) "phooka" or "doom dev" includes any process of introducing air or anysubstance into the female organ of a milch animal with the object of drawing

off from the animal any secretion of milk;(h) "prescribed" means prescribed by Rules made under this Act;(i) "street" includes any way, road, lane, square, court, alley, passage or openspace, whether a thoroughfare or not to which the public have access.3. Duties of persons having charge of animals : It shall be the duty of everypersonhaving the care or charge of any animal to take all reasonable measures toensure thewell-being of such animal and to prevent the infliction upon such animal ofunnecessary pain or suffering.CHAPTER II2(ANIMAL WELFARE BOARD OF INDIA)4. Establishment of Animal Welfare Board of India : (1) For the promotion ofanimal welfare generally and for the purpose of protecting animals from beingsubjected to unnecessary pain or suffering, in particular, there shall beestablished bythe Central Government, as soon as may be after the commencement of thisAct, aBoard to be called the 3(Animal Board of India.)(2) The Board, shall be a body corporate having perpetual succession and acommon seal with power, subject to the provisions of this Act, to acquire, hold

anddispose of property and may by its name sue and be sued.5. Constitution of the Board : (1) The Board shall consist of the followingpersons, namely:(a) the Inspector General of Forests, Government of India, ex-officio,(b) the Animal Husbandry Commissioner to the Government of India,ex-officio;4(ba) two persons to represent respectively the Ministries of the CentralGovernmentdealing with Home Aff airs and Education, to be appointed by the CentralGovernment;

(bb) one person to represent the Indian Board for Wild Life, to be appointed bytheCentral Government;(bc) three persons who, in the opinion of the Central Government, are or havebeenactively engaged in animal welfare work and are well-known humanitarians, tobe nominated by the Central Government;)(c) one person to represent such association of veterinary practitioners as intheopinion of the Central Government ought to be represented on the Board, to beelected by that association in the prescribed manner;(d) two persons to represent practitioners of modern and indigenous systems ofmedicine, to be nominated by the Central Government;5[(e) one person to represent each of such two municipal corporations as in the


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opinion of the Central Government ought to be represented on the Board, to beelected by each of the said corporations in the prescribed manner(f) one person to represent each of such three organisations actively interestedinanimal welfare as in the opinion of the Central Government ought to berepresented on the Board, to be chosen by each of the said organisations in the

prescribed manner;(g) one person to represent each of such three societies dealing withprevention ofcruelty to animal as in the opinion of the Central Government ought to berepresented on the Board, to be chosen, in the prescribed manner;(h) three persons to be nominated by the Central Government,(i) six Members of Parliament, four to be elected by the House of the People(LokSabha) and two by the Council of States (Rajya Sabha).(2) Any of the persons referred to in clause 9a) or 6[clause (b) or clause (ba) orclause (bb) of sub-section (1) may depute any other person to attend any ofthemeetings of the Board.7[(3) The Central Government shall nominate one of the members of the Boardtobe its Chairman and another member of the Board to be its Vice-Chairman.)5A. Reconstitution of the Board : 8[5.A (1) In order that the Chairman and othermembers of the Board hold off ice till the same date and that their terms of office come to an end on the same date, the Central Government may, bynotification in the Official Gazette, reconstitute, as soon as may be after thePrevention of Cruelty to Animals (Amendment) Act, 1982 comes into force,

the Board.(2) The Board as reconstituted under sub-section (1) shall be reconstitutedfromtime to time on the expiration of every third year, from the date of itsreconstitution under sub-section (1).(3) There shall be included amongst the members of the Board reconstitutedundersub-section (1), all persons who immediately before the date on which suchreconstitution is to take effect, are Members of the Board but such personsshall hold office only for the unexpired portion of the term for which theywould have held office if such reconstitution had not been made and the

vacancies arising as a result of their ceasing to be Members of the Board shallbe filled up as casual vacancies for the remaining period of the term of theBoard as so reconstituted:Provided that nothing in this sub-section shall apply in relation to any personwho ceases to be member of the Board by virute of the amendment made insub-section (1) of section 5 by sub-clause (ii) of clause (a) of section 5 of thePrevention of Cruelty to Animals (Amendement) Act, 1982).96. Term of off ice and conditions of service of Members of the Board : (1)

The term for which the Board may be reconstituted under section 5A shall bethree years from the date of the reconstitution and the Chairman and otherMembers of the Board as so reconstituted shall hold office till the expiry of theterm for which the Board has been so reconstituted.(2) Notwithstanding anything contained in sub-section (1):(a) the term of office of an ex-officio Member shall continue so long as he holds


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the off ice by virtue of which he is such a Member;(b) the term of off ice of a Member elected or chosen under clause (c), clause(e),clause (g), clause (h) or clause (i) of section 5 to represent anybody of personsshall come to an end as soon as he ceases to be a Member of the body whichelected him or in respect of which he was chosen;

(c) the term of office of a Member appointed, nominated, elected or chosen tofilla casual vacancy shall continue for the remainder of the term of office of theMember in whose place he is appointed, nominated, elected or chosen;(d) the Central Government may, at any time, remove for reasons to berecorded inwriting a member from office after giving him a reasonable opportunity ofshowing cause against the proposed removal and any vacancy caused by suchremoval shall be treated as casual vacancy for the purpose of clause (c).(3) 'The members of the Board shall receive such allowance, if any, as theBoardmay, subject to the previous approval of the Central Government, provided byregulations made in this behalf,(4) No act done or proceeding taken by the Board shall be questioned on theground merely of the existence of any vacancy in, or defect in the constitutionof the Board and in particular, and without prejudice to the generality of theforegoing, during the period intervening between the expiry of the term forwhich the Board has been reconstituted under section 5A and its furtherreconstitution under that section, the ex-officio members of the Board shalldischarge all the powers and function of the Board.)7. Secretary and other employees of the Board : (1) The Central Government

shall appoint 10xxxxx the Secretary of the Board.(2) Subject to such rules as may be made by the Central Government in thisbehalf, the Board may appoint such number of other officers and employees asmay be necessary for the exercise of its powers and the discharge of itsfunctions and may determine the terms and conditions of service of suchofficers and other employees by regulations made by it with the previousapproval of the Central Government.8. Funds of the Board : The funds of the Board shall consist of grants made to itfromtime to Board time by the Government and of contributions, subscriptions,bequests,

gifts and the like made to it by any local authority or by any other person.9. Functions of the Board :The functions of the Board shall be Board(a) to keep the law in force in, India for the prevention of cruelty to animalsunderconstant study and advise the Government on the amendments to beundertaken in any such law from time to time;(b) to advise the Central Government on the making of rules under this Act withaview to preventing unnecessary pain or suffering to animals generally, andmore particularly when they are being transported from one place to another orwhen they are used as performing animals or when they are kept in captivity orconfinement;(c) to advise the Government or any local authority or other person onimprovements in the design of vehicles so as to lessen the burden on draught


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animals;(d) to take all such steps as the Board may think fit for 11(amelioration ofanimals)by encouraging or providing for, the construction of sheds, water-troughs andthe like and by providing for veterinary assistance to animals:(e) to advise the Government or any local authority or other person in the

designof slaughter-houses or the maintenance of slaughter houses or in connectionwith slaughter of animals so that unnecessary pain or suffering, whetherphysical or mental, is eliminated in the pre-slaughter stages as far as possible,and animals are killed; wherever necessary, in as humane a manner aspossible;(f) to take all such steps as the Board may think fit to ensure that unwantedanimals are destroyed by local authorities, whenever it is necessary to do so,either instantaneously or after being rendered insensible to pain or suffering.(g) to encourage by the grant of financial assistance or otherwise, 12(theformationor establishment of pinjrapoles, rescue homes, animal shelters, sanctuaries andthe like) where animals and birds may find a shelter when they have becomeold and useless or when they need protection:(h) to co-operate with, and co-ordinate the work of, associations or bodiesestablished for the purpose of preventing unnecessary pain or suffering toanimals or for the protection of animals and birds;(i) to give financial and other assistance to animal welfare organisationsfunctioning in any local area or to encourage the formation of animal welfareorganisations in any local area which shall work under the general supervisionand guidance of the Board;

(j) to advise the Government on matters relating to the medical care andattentionwhich may be provided in animal hospital, and to give financial and otherassistance to animal hospitals whenever the Board thinks it necessary to do so;(k) to impart education in relation to the humane treatment of animals and toencourage the formation of public opinion against the infliction of unnecessarypain or suffering to animals and for the promotion of animal welfare by meansof lectures, books, posters, cinematographic exhibitions and the like;(l) to advise the Government on any matter connected with animal welfare ortheprevention of infliction of unnecessary pain or suffering on animals.

10. Power of Board to make regulations : The Board may, subject to thepreviousapproval of the Central Government, make such regulations as it may think fitfor theadministration of its affairs and for carrying out its functions.CHAPTER IIICRUELTY TO ANIMALS GENERALLY11. Treating animals cruelly : (1) If any person(a) beats, kicks, over-rides, over-drives, over-loads, tortures or otherwise treatsany animal so as to subject it to unnecessary pain or suffering or causes, orbeing the owner permits, any animal to be so treated; or(b) 13(employs in any work or labour or for any purpose any animal which, byreason of its age or any disease) infirmity; wound, sore or other cause, is unfitto be so employed or, being the owner, permits any such unfit animal to be


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employed; or(c) wilfully and unreasonably administers any injurious drug or injurioussubstance to 14(any animal) or wilfully and unreasonably causes or attempts tocause any such drug or substance to be taken by 15(any animal;) or(d) conveys or carries, whether in or upon any vehicle or not, any animal insuch a

manner or position as to subject it to unnecessary pain or suffering; or(e) keeps or confines any animal in any -cage or other receptacle which doesnotmeasure sufficiently in height, length and breadth to permit the animal areasonable opportunity for movement; orf) keeps for an unreasonable time any animal chained or tethered upon anunreasonably short or unreasonably heavy chain or cord; or(g) being the owner, neglects to exercise or cause to be exercised reasonablyanydog habitually chained up or kept in close confinement; or(h) being the owner of (any animal) fails to provide such animal with sufficientfood, drink or shelter; or(i) without reasonable cause, abandons any animal in circumstances whichtenderit likely that it will suffer pain by reason of starvation thirst; or(j) wilfully permits any animal, of which he is the owner, to go at large in anystreet, while the animal is affected with contagious or infectious disease or,without reasonable excuse permits any diseased or disabled animal, of whichhe is the owner, to die in any street; or(k) offers for sale or without reasonable cause, has in his possession any animalwhich is suffering pain by reason of mutilation, starvation, thirst,

overcrowding or other illtreatment; or16{(1) mutilates any animal or kills any animal (including stray dogs) by usingthemethod of strychnine injections, in the heart or in any other unnecessarily cruelmanner or;)17{(m) solely with a view to providing entertainment(i) confines or causes to be confined any animal (including tying of an animalas abait in a tiger or other sanctuary) so as to make it an object or prey for anyother animal; or(n) 18[xxxx] organises, keeps uses or acts in the management or, any place for

animal fighting or for the purpose of baiting any animal or permits or offersany place to be so used or receives money for the admission of any otherperson to any place kept or used for any such purposes; or(o) promotes or takes part in any shooting match or competition whereinanimalsare released from captivity for the purpose of such shooting:he shall be punishable 19(in the case of a first offence, with fine which shall notbe lessthan ten rup6es but which may extend to fifty rupees and in the case of asecond or subsequent offence committed within three years of the previousoffence, with fine which shall not be less than twenty-five rupees but whichmay extend, to one hundred rupees or with imprisonment for a term whichmay extend, to three months, or with both.](2) For the purposes of section (1) an owner shall be deemed to have


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committedan offence if he has failed to exercise reasonable care and supervision with aview to the prevention of such offence;Provided that where an owner is convicted permitting cruelty by reason only ofhaving failed to exercise such care and supervision, he shall not be liable toimprisonment without the option of a fine.

(3) Nothing in this section shall apply to -(a) the dehorning of cattle, or the castration or branding or noseroping of anyanimal in the prescribed manner, or(b) the destruction of stray dogs in lethal chambers 20[by such other methodsasmay be prescribed] or(c) the extermination or destruction of any animal under the authority of anylawfor the time being in force; or(d) any matter dealt with in Chapter IV; or(e) the commission or omission of any act in the course of the destruction orthepreparation for destruction of any animal as food for mankind unless suchdestruction or preparation was accompanied by the infliction of unnecessarypain or suffering.12. Penalty for practising phooka or doom dev : If any persons upon any cow orothermilch animal the operation called practising phooka or 21[doom dev or anyotheroperation (including injection of any or doom dev. substance) to improvelactation

which is injurious to the health of the animal] or permits such operation beingperformed upon any such animal in his possession or under his control, he shallbepunishable with fine which may extend to one thousand rupees, or withimprisonmentfor a term which may extend to two years, or with both, and the animal onwhich theoperation was performed shall be forfeited to the Government.13. Destruction of suffering animals : (1) Where the owner of an animal isconvicted of an offence under section 11, it shall be lawful for the court, if thecourt

is satisfied that it would be cruel to keep the animal alive, to direct that theanimal bedestroyed and to assign the animals to any suitable person for that purpose,and theperson to whom such animal is so assigned shall as soon as possible, destroysuchanimal or cause such animal to be destroyed in his presence withoutunnecessarysuffering: and any reasonable expense incurred in destroying the animal maybeordered by the court, if the court is satisfied that it would be cruel to keep theanimalalive, to direct that the animal be destroyed and to assign the animal to anyreasonable expense incurred in destroying the animal mal be ordered by the


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court tobe recovered from the owner as if it were a fine:Provided that unless the owner assents thereto, no order shall be made underthis section except upon the evidence of a veterinary officer in charge of thearea.(2) When any magistrate, commissioner of police or district superintendent of

police has reason to believe that an offence under section 11 has beencommitted in respect of any animal, he may direct the immediate destructionof the animal, if in his opinion, it would be cruel to keep the animal alive.(3) Any police officer above the rank of a constable or any person authorised bythe State Government in this behalf who finds any animal so diseased or soseverely injured or in such a physical condition that in his opinion it cannot beremoved without cruelty, may, if the owner is absent or refuses his consent tothe destruction of the animal, forth with summon the veterinary officer incharge of the area in which the animal is found, and if the veterinary officercertifies that the animal is mortally injured or so severely injured or in such aphysical condition that it would be cruel to keep it alive, the police officer orthe person authorised, as the case may be, may, after obtaining orders from amagistrate, destroy the animal injured or cause it to be destroyed; 22(in suchmanner as may be prescribed)(4) No appeal shall lie from any order of a magistrate for the destruction of ananimal.CHAPTER IVEXPERIMENTATION OF ANIMALS14. Experiments on animals : Nothing contained in this Act shall renderunlawful theperformance of experiments (including) experiments involving operations) on

animalsfor the purpose of advancement by new discovery of physiological knowledgeor ofknowledge which will be useful for saving or for prolonging life or alleviatingsuffering or for combating any disease, whether of human beings, animals orplants.15. Committee for control and supervision of experiments on animals : (1)If atanytime, on the advice of the Board, the Central Government is of opinion that it isnecessary so to do for the purpose of controlling "and supervising experimentson

animals it may be notification in the Official GazetteConstitute a Committee consisting of such number of officials andnon-officials, as it may think fit to appoint thereto.(2) The Central Government shall nominate one of the Members of theCommitteeto be its Chairman.(3) The Committee shall have power to regulate its own Procedure in relation tothe performance of its duties.(4) The funds of the Committee shall consist of grants made to it from time totime by the Government and of contributions, donations, subscriptions,bequests, gifts and the like made to it by any person.23[15A. Sub-Committee : (1) The Committee may constitute as many sub-committeesas it thinks fit for exercising any power or discharging any duty of the


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Committee or for inquiring into or reporting and advising on any matter whichthe Committee may refer.(2) A sub-committee shall consist exclusively of the Members of theCommittee.)16. Staff of the Committee : Subject to the control of the Central Government,the

Committee may committee appoint such number of officers and otheremployees asmay be necessary to enable it to exercise ills powers and perform its duties andmaydetermine the remuneration and other terms and conditions of service of suchofficersand other employees.17. Duties of the Committee and power of the Committee to make rulesrelating toexperiments on animals : (1) It shall be the duty of the Committee to take allsuchmeasures as may be necessary to ensure that animals are not subjected tounnecessarypain or suffering before, during or after the performance of experiments onthem, andfor the purpose it may, by notification in the Gazette of India and subject to thecondition of previous publication, make such rules as it may think fit in animalsrelation to the conduct of such experiments.24[(lA)In particular, and without prejudice to the generality to the foregoingpower,such rules may provide for the following matters namely:

(a) the registration of persons or institutions carrying on experiments onanimals;(b) the reports and other information which shall be forwarded to theCommitteeby persons and institutions carrying on experiments or, animals.](2) In particular, and without prejudice to the generality of the foregoing power,rules made by the Committee shall be designed to secure the following objects,namely:(a) that in cases where experiments are performed in any institution, theresponsibility therefore is placed on the person in charge of the institution andthat, in cases where experiments are performed outside an institution by

individuals, the individuals, are performed outside an institution byindividuals, the individuals, are qualified in that behalf and the experimentsare performed on their full responsibility;(b) that experiments are performed with due care and humanity and that as faraspossible experiments involving operations are performed under the influenceof some anaesthetic of sufficient power to prevent the animals feeling pain;(c) that animals which, in the course of experiments under the influence ofanaesthetics, are so injured that their recovery would involve serious suffering,are ordinarily destroyed while still insensible;(d) that experiments on animals are avoided wherever it is possible to do so; asforexample; in medical schools, hospitals, colleges and the like, if other teachingdevices such as books, models, films and the. like, may equally suffice;


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(e) that experiments on larger animals are avoided when it is possible toachievethe same results by experiments upon small laboratory animals likeguinea-'pigs, rabbits, frogs and rats;(f) that, as far as possible, experiments are not performed merely for thepurpose

of acquiring manual skill;(g) that animals intended for the performance of experiments are properlylookedafter both before and after experiments;(h) that suitable records are maintained with respect to experiments performedonanimals(3) In making any rules under this section, the Committee shall be guided bysuchdirections as the Central Government (consistently with the objects for whichthe Committee is set up) may give to it, and the Central Government is herebyauthorised to give such direction.(4) All rules made by the Committee shall be binding on all individualsperforming experiments outside institutions and on persons incharge ofinstitutions in which experiments are performed.18. Power of entry and inspection : For the purpose of ensuring that the rulesmade by itare being complied and with the Committee may authorise any of its officers oranyother person in writing to inspect any institution or place where experimentsare being

carried on and report to it as a result of such inspection, and any officer orperson soauthorised may-(a) enter at any time considered reasonable by him and inspect any institutionorplace in which experiments on animals are being carried on; and(b) require any person to produce any record kept by him with respect toexperiments on animals.19. Power to prohibit experiments on animals : If the Committee is satisfied, onthereport of any officer or other person made to it as a result of any inspection

undersection 18 or otherwise that the rules made by it under section 17 are notbeinganimals the Committee may, after giving an opportunity to the person orinstitutioncarrying on experiments on animals; the Committee may, after giving anopportunityto the person or institution of being heard in the matter, by order, prohibit thepersonor institution from carrying on any such experiments either for a specifiedperiod orindefinitely, or may allow the person or institution to carry on such experimentssubject to such special conditions as the Committee may think fit to impose.20. Penalties : If any person-


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(a) contravenes any order made by the Committee under section 19; or(b) commits a breach of any condition imposed by the Committee under thatsection:he shall be punishable with fine which may extend to two hundred rupees, and,whenthe contravention or breach of condition has taken place in any institution the

personincharge of the institution shall be deemed to be guilty of the offence and shallbepunishable accordingly.CHAPTER VPERFORMING ANIMALS21. Exhibit and train defined : In this Chapter, " exhibit" means exhibit oranyentertainment to which the public are admitted through sale of tickets, and"train"means train for the purpose of any such exhibition, and the expressions"exhibitor"and "trainer" have respectively the corresponding meanings.22. Restriction on exhibition and training of performing animals : No personshallexhibit or train(i) any performing animal unless he is registered in accordance with theprovisions of this Chapter;(ii) as a performing animal, any animal which the Central Government may, bynotification in the official gazette, specify as an animal which shall not beexhibited or trained as a performing animal.

23. Procedure for registration : (1) Every person desirous of exhibiting ortrainingany performing animal shall, on making an application in the prescribed formto the prescribed authority and on payment of the prescribed fee, be registeredunder this Act unless he is a person who, by reason of an order made by thecourt under this Chapter, is not entitled to be so registered.(2) An application for registration under this Chapter shall contain suchparticularsas to the animals and as to the general nature of the performances in whichtheanimals are to be exhibited or for which they are to be trained as may be

prescribed, and the particulars so given shall be entered in the registermaintained by the prescribed authority.(3) The prescribed authority shall give to every person whose name appears ontheregister kept by them, a certificate of registration in the prescribed formcontaining the particulars entered in the register.(4) Every register kept under this Chapter shall at all reasonable times be openforinspection on payment of the prescribed fee, and any person shall, on paymentof the prescribed fee, be entitled to obtain copies thereof or make extractstherefrom.(5) Any person whose name is entered in the register shall, subject to theprovisions of any order made under this Act by any court, be entitled, onmaking an application for the purpose, to have the particulars entered in the


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register with respect to him varied, and where any such particulars are sovaried, the existing certificate shall be cancelled and a new certificate issued.24. Power of court to prohibit or restrict exhibition and training of performinganimals : (1) Where it is proved to the satisfaction of any magistrate on acomplaintmade by a police officer or an officer authorised in writing by the prescribed

authorityreferred to in section 23, that the training or exhibition of any performinganimals hasbeen accompanied by unnecessary pain or suffering and should be prohibitedorallowed only subject to conditions, the court may make an order against theperson inrespect of whom the complaint is made, prohibiting the training or exhibition orimposing such conditions in relation thereto, as may be specified by the order.(2) Any court by which an order is made under this section, shall cause a copyofthe order to be sent, as soon as may be after the order is made, to theprescribed authority by which the person against whom the order is made isregistered, and shall cause the particulars of the order to be endorsed upon thecertificate field by the person, and that person shall produce his certificate onbeing so required by the court for the purposes of endorsement, and theprescribed authority to which a copy of an order is sent under "his section shallenter the particulars of the order in that register;25. Power to enter premises : (1) Any person authorised in writing by theprescribed authority referred to in section 23 and any police officer not belowthe rank

of a sub-inspector may(a) enter at all reasonable times and inspect any premises in which anyperforminganimals are being trained or exhibited or kept for training or exhibition, andany such animals found therein; and(b) require any person who, he has reason to believe is a trainer or exhibitor ofperforming animals to produce his certificate of registration,(2) No person or police officer referred to in sub section (1) shall be entitledunderthis section to go on or behind the stage during a public performance ofperforming animals.

26. Offences : If any person -(a) not being registered under this chapter, exhibits or trains any performinganimal; or(b) being registered under the Act, exhibits or trains any performing animalwithrespect to which or in a manner with respect to which, he is not registered; or(c) exhibits or trains as a performing animal, any animal which is not to be usedfor the purpose by reason of a notification issued under clause (ii) of section22; or(d) obstructs or wilfully delays any person or police officer referred to in section25 in the exercise of powers under this Act as to entry and inspection; or(e) conceals any animal with a view to avoiding such inspection: or(f) being a person registered under 'the Act, on being duly required inpursuance


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of this Act to produce his certificate under this Act, fails without reasonableexcuse so to do; or(g) applies to be registered under this Act when not entitled to be so registered,He shall be punishable on conviction with fine which may extend to fivehundred rupees or with imprisonment which may extend to three months, orwith both.

27. Exemptions : Nothing contained in this Chapter shall apply to -(a) the training of animals for bonafide military or police purpose or theexhibitionof any animals so trained; or(b) any animals kept in any zoological garden or by any society or associationwhich has for its principal object the exhibition of animals for educational orscientific purposes.CHAPTER VIMISCELLANEOUS28. Saving as respects manner of killing prescribed by religion : Nothingcontained inthis Act shall render it an offence to kill any animal in a manner required by thereligion of any community.29. Power of court to deprive person convicted of ownership of animal : (1) Ifthe owner of any animal is found guilty of any offence under this Act. the courtuponhis conviction thereof, may, if it thinks fit, in addition to any other punishmentmakean order that the animal with respect to which the offence was committed shallbeforfeited to Government and may, further, make such order as to the disposal

of theanimal as it thinks fit under the circumstances.(2) No order under sub section (1) shall be made unless it is shown by evidenceasto a -previous conviction under this Act or as to the character of the owner orotherwise as to the treatment of the animal that the animal if left with theowner, is likely to be exposed to further cruelty.(3) without prejudice to the provision contained in sub-section (1), the courtmayalso order that a person convicted of an offence under this Act shall, eitherpermanently or during such period as is fixed by the order, be prohibited from

having the custody of any animal of any kind whatsoever, or as the courtthinks fit of any animal of any kind or species specified in the order.(4) No order under sub-section (3) shall be made unless(a) it is shown by evidence as to a previous conviction or as to the character ofthesaid person or otherwise as to the treatment of the animal in relation to whichhe has been convicted that an animal in the custody of the said person is likelyto be exposed to cruelty;(b) it is stated in the complaint upon which the conviction was made that it istheintention of the complaint upon the conviction of the accused to request thatanorder be made as aforesaid and(c) the offence for which the conviction was made was committed in an area in


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which under the law for the time being in force a licence is necessary for thekeeping of any such animal as that in respect of which the conviction wasmade.(5) Notwithstanding anything to the contrary contained in any law for the timebeing in force, any person in respect of whom an order is made undersub-section (3) shall have no right to the custody of any animal contrary to the

provisions of the order, and if he contravenes the provisions oil any order, heshall be punishable with fine which may extend to one hundred rupees, or.with imprisonment for a term which may extend to three months, or with both.(6) Any court which has made an order under sub-section (3) may at any time,either on its own motion or on application made to it in this behalf, rescind ormodify such order.30. Presumptions as to guilt in certain cases : If any person is charged with theoffencesof killing a goat, cow or its to guilt in progeny contrary to the provisions ofclause (1)of sub section (1) or section 11, and it is proved that such person had in hispossession, at the time the offence is alleged to have been committed, the skinof anysuch animal as is referred to in this section with any the skin of any suchanimal as isreferred to in this section with any part of the skin of the head attachedthereto, it shallbe presumed until the contrary is proved that such animal was killed in a cruelmanner.31. Cognizability of offences : Notwithstanding anything contained in the Codeor

Criminal procedure, 1898, (5 of 1898) an offence punishable under clause (1)orclause (n) or clause, (o) of sub-section (1) of section 11 or under section 12shall be acognizable offence within the meaning of that code.32. Powers of search and seizure : (1) If a police officer not below the rank ofsubinspector, or any person authorised by the State Government in this behalf hasreasonto believe that an offence under clause (1) of sub-section (1) of section 11 inrespect

of any such animal as is referred to in section 30 is being, or that any personhas in hispossession the skin of any such animal with any part of the skin of the headattached thereto, he, may enter and search such place or any place in which hehasreason to believe any such skin to be, and may seize such skin or any article orthingused or intended to be used in the commission of such offence.(2) If a police officer not below the rank of sub-inspector, or any personauthorised by the State Government in this behalf, has reason to believe thatphooka or 25(doom dev or any other operation of the nature referred to insection 12) has just been or is being, performed on any animal within thelimits of his jurisdiction, he may enter any place in which he has reason tobelieve such animal to be, and may seize the animal and produce it for


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examination by the veterinary officer incharge of the area in which the animalis seized.33. Search warrants : (1) If a magistrate of the first or second class or apresidencymagistrate or a commissioner of police or district superintendent of police,upon

information in writing; and after such inquiry as he thinks necessary, hasreason tobelieve that an offence under this Act is being, or is about to be, or has beencommitted in any place, he may either himself enter and search or by hiswarrantauthorise any police officer not below the rank of sub-inspector to enter andsearch theplace.(2) The provisions of the Code of Criminal Procedure, 1898, relating to searchesshall so far as those provision can be made applicable, apply to searches underthis Act.34. General Power of seizure for examination : Any police officer above the rankof aconstable or any person authorised seizure for by the State Government in thisbehalf,who has reason to believe that examination an offence against this Act hasbeen or isbeing, committed in respect of any animal, may, if in his opinion thecircumstances sorequire, seize the animal and produce the same for examination by the nearestmagistrate or by such veterinary officer as may be prescribed; and such police

officeror authorised person may, when seizing the animal, require the person inchargethereof to accompany it to the place of examination.35. Treatment and care of animals : (1) The State Government, may by generalor special order appoint infirmaries for the treatment and care of animals inrespect ofwhich offences against this Act have been committed, and may authorise thedetentiontherein of any animal pending its production before a magistrate.(2) The magistrate before whom a prosecution for an offence against this Act

hasbeen instituted may direct that theanimals concerned shall be treated and cared for in an infirmary, until it is fitto perform its usual work or is otherwise fit for discharge, or that it shall besent to a pinjrapole, or if the veterinary officer in charge of the area in whichthe animal is found or such a veterinary officer as may be authorised in thisbehalf by rules made under this Act certifies that it is incurable or cannot beremoved without cruelty, that it shall be destroyed.(3) An animal sent for care and treatment to an infirmary shall not, unless themagistrate directs that it shall be sent to a pinjrapole or that it shall bedestroyed, be released from such place except upon a certificate of its fitnessfor discharge issued by the veterinary officer in charge of the area in which theinfirmary is situated or such other veterinary officer as may be authorised inthis behalf by rules made under this Act.


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(4) The cost of transporting the animal to an infirmary or pinjrapole and of itsmaintenance and treatment in an infirmary, shall be payable by the districtmagistrate, or, in presidency-towns, by the commissioner of police;Provided that when the magistrate so orders on account of the poverty of theowner of the animal, no charge shall be payable for the treatment of theanimal.

(5) Any amount payable by an owner of an animal under sub-section (4) mayberecovered in the same manner as an arrear of land revenue,(6) If the owner refuses or neglects to remove the animal within such time as amagistrate may specify, the magistrate may direct that the animal be sold andthat the proceeds of the same be applied to the payment of such cost.(7) The surplus, if any, of the proceeds of such sale shall, on application madebythe owner within two months from the date of the sale be paid to him.36. Limitation of prosecutions : A prosecution for an offence against this Actshall notbe instituted after prosecutions the expiration of three months from the date ofthecommission of the offence.37. Delegation of powers : The Central Government may, by notification in theofficialGazette, direct that all or any of the powers exercisable by it under this Act,may,subject to such conditions as it may think fit to impose, be also exercisable byanyState Government.

38. Power to make rules : (1) The Central Government may, by notification intheOfficial Gazette and subject to the condition of previous publication, make rulestocarry out the purposes of this Act.(2) In particular, and without prejudice to the generality of the foregoing power,the Central Government may make rules providing for all or any of thefollowing matters, namely:(a) the 26(xxxx) conditions of service of members of the Board, the allowancespayable to them and the manner in which they may exercise their powers anddischarge their functions.27[(aa) the manner in which the persons to represent municipal corporation areto beelected under clause (e) of sub-section (1) of section(b) the maximum load (including any load occasioned by the weight ofpassengers) to be carried or drawn by any animal;(c) the conditions to be observed for preventing the overcrowding of animals;theperiod during which, and the hours between which, any class of animals shallnot be used for draught purposes:(a) prohibiting the use of any bit or harness involving cruelty to animals;28[(ea)the other methods of destruction of stray dogs referred to in clause (b) ofsub-section (3) of section 11;(eb) the methods by which any animal which cannot be removed withoutcruelty


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may be destroyed under sub-section (3) of section 13,](f) requiring persons carrying on the business of a farrier to be licensed andregistered by such authority as may be prescribed and levying a fee for thepurpose;(g) the precautions to be taken in the capture of animals for purposes of sale,export or for any other purpose, and the different appliances or devices that

may alone be used for the purpose; and the licensing of such capture and thelevying of fees for such licences;(h) the precautions to be taken in the transport of animals whether by rail,road,inland waterway, sea or air and the manner in which and the cages or otherreceptacles in which they may be so transported;(i) requiring person owning or in charge of premises in which animals are keptormilked to register such permises, to complywith such conditions as may be laid down in relation to the boundary walls orsurroundings of such premises, to permit their inspection for the purpose ofascertaining whether any offence under this Act is being, or has beencommitted therein, and to expose in such premises copies of section 12 in alanguage or languages commonly understood in the locality;(j) the form in which applications for registration under Chapter V may bemade,the particulars to be contained therein the fees payable for such registrationand the authorities to whom such applications may be made;29[ja) the fees which may be charged by the Committee constituted undersection 15for the registration of persons or institutions carrying on experiments on

animals or for any other purpose;](k) the purposes to which fines realised under the Act may be applied, includingsuch purposes as the maintenance of infirmaries, pinjrapole and veterinaryhospitals;(1) any other matter which has to be, or may be prescribed.(3) If any person contravenes, or abets the contravention of, any rules madeunderthis section, he shall be punishable with fine which may extend to one hundredrupees, or with imprisonment for a term which may extend to three months, orwith both.30[XXXX]31[38A. Rules and regulations to be laid before Parliament : Every rule made bytheCentral Government or by the Committee constituted under section 15 andevery regulation made. by the Board shall be laid, as soon as may be after it ismade, before each House of Parliament, while it is in session, for a total periodof thirty days which may be comprised in one session or in two or moresuccessive sessions, and if, before the expiry of the session immediatelyfollowing the session or the successive sessions aforesaid, both Houses agreein making any modification in the rule or regulation, as the case may be,should not be made the rule or regulation shall there after have effect only insuch modified form or be of no effect, as the case may be; so, however, thatany such modification or annulment shall be without prejudice to the validityof anything previously done under that rule or regulation.]39. Persons authorised under section 34 to be public servants : Every person


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authorised by the State Government under section 34 shall be deemed to be apublicservant within the meaning of section 21 of the Indian Penal code.40. Indemnity : No suit, prosecution or other legal proceeding shall lie againstany personwho is, or who is deemed to be a public servant within the meaning of section

21 ofthe Indian Penal Code in respect of anything in good faith done or intended tobe doneunder this Act.41. Repeal of Act 11 of 1890 : Where in pursuance of a notification undersubsection (3)of section 1 of 1890 any provision of this Act comes into force in any State, anyprovision of the Prevention of Cruelty to Animals Act, 1890, which correspondsto theprovision so coming into force, shall thereupon stand repealed.

___________________________________________________________________________ANNEXURENotifications under section 1 (3) of the Act bringing it into force in specifiedStates andUnion Territories.1. (a) Chapters I and II came into force in the States of Assam, Andhra Pradesh,Bihar, Gujarat, Kerala, Chennai (Tamil Nadu), Maharashtra, Madhya Pradesh,Mysore (Karnataka), Orissa, Uttar Pradesh and West Bengal and the Union

Territories of Delhi, Manipur and Tripura on the 1st September, 1961, VideNotification No. 9-2/61 L.D dated 25th August, 1951/Bhadra, 1883 ofGovernment of India. Ministry of Food and Agriculture (Department of

Agriculture).(b) Chapter IV came into force in the States of Assam, Andhra Pradesh, Bihar,Gujarat, Kerala, Chennai (Tamil Nadu), Maharashtra, Madhya Pradesh,Mysore (Karnataka), Orissa, Rajasthan, Uttar Pradesh and West Bengal and inthe Union Territories of Delhi, Himachal Pradesh, Manipur and Tripura on the15 July, 1963, vide Notification No. 19-12/63-LD dated 11th July 1963/20thAsadha, 1885 (S.E.) of Government of India, Ministry of Food and Agriculture(Department of Agriculture).(c) Chapters III and IV came into force in the States of Assam, Andhra Pradesh,Bihar, Gujarat, Kerala, Chennai (Tamil Nadu), Maharashtra, Madhya Pradesh,Mysore (Karnataka), Orissa, Uttar Pradesh and West Bengal and the Union

Territories of Delhi, Himachal Pradesh, Manipur and Tripura on the 20thNovember, 1963, vide Notification No. 9-24/62-LD dated 29th October,1963/7th Kartika 1885 (S.E.) of Government of India, Ministry of Food andAgriculture (Department of Agriculture)(d) Chapters III and VI came into force in West Bengal on the 1st June, 1975,videNotification No. 21-2/74-LDI. dated 28th May, 1975 of Government of India,Ministry of Agriculture and Irrigation (Department of Agriculture)(e) The whole Act came into force in the State of Punjab and the Union Territoryof Andaman and Nicobar Islands on the 1st April, 1961 vide Notification No.9-2/61-LD of the Ministry of Food and Agriculture.(f) Chapters I and II came into force in the then Union Territory of HimachalPradesh on the 2nd October, 1961, vide Notification No. 9-2/61 LP of theMinistry of Food and Agriculture.


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(g) Chapters I and II came into force on the 26th January, 1962 in the State ofRajasthan vide Notification No. 9-2/61-LD. of the Ministry of Food andAgriculture.(h) Chapter V came into force in all the States and Union Territories (except

Jammu & Kashmir) on 24th May 1977 Vide Notification No. 14-22/76-LDIdated 24th May 1977 of Government of India, Ministry of Agriculture and

Irrigation (Department of Agriculture)._________________________________1 See Annexure for notifications under Section 1 (3)1Subs. by Act. 26 of 1982 which came into force on 30th July 1982.2Subs. by Act 26 of 1982; S.3, for the words "Animal Welfare Board".3Sub-ibid, SA for the words "Animal Welfare Board".4inserted by Act 26 of 1982; S. 5 (a) (i)5Subs. - ibid S. 5 (a) (ii) for the original clause.6Subs. by Act 26 of 1982: S.5 (b), for the word, brackets and letter clause (b)7Subs. ibid, S.5 (c) for the original clause.8 ins. ibid, S.6.9Subs., by Act 26 of 1982, S.7, for the original Section.10The words "one of its officers to be" omitted by Act 26 of 1982,11Subs, by Act 26 of 1982, S.9 (a) for the word "ameliorating the condition ofbeasts ofburden12"Subs, ibid, S, 9 (b) for the words "the formation of pinjrapoles, sanctuariesand the like"13Subs. by Act 26 of 1982, S. 10 (a) (i) for the words "employs in any work orlabour anyanimal which, by reason of any disease";

14Subs. ibid S.10 (a) (ii) for the words "any domestic or captive animal".15Subs, ibid S. 10 (a) (ii) for the words "any captive animal".16Subs. by Act 26 of 1982, S. 10 (a) (iv) for the original clause.17Subs. ibid. S. 10 (a) (v) for the original clause.18The words "for the purposes of his business" omitted by Act 26 of 1982, S. 10(a) (vi)19Subs. ibid S. 10 (a) (vii) for the portion beginning with the words "in the caseof a firstoffence" and ending with the words "or with both".20Subs. by Act 26 of 1982, S. 10 (b), for the words "by the other methods with aminimum of

suffering".21Subs. ibid S. 11, for the words, "doom dev"22Ins. by Act 26 of 1982, S. 1223Ins. by Act 26 of 1982, S. 13.24Ins. by Act 26 of 1982, S. 14.25Subs. by Act 26 of 1982 S. 15 for the words "doom dev".26The words "terms and" omitted by Act 26 of 1982, S. 16 (a) (i).27Ins ibid S. 16 (a) (H).28Ins by Act 26 of 1982 S. 16 (a) (iii)29Ins. by Act 26 of 1982. S. 16 (a) (iv)30Sub-section (4) of the Principal Act omitted by Act 26 of 1982. S. 16(b)31Ins. ibid S, 17.


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ANIMAL PROTECTION LAWS FOR THE GUIDANCEOF POLICE, HAWOs, NGOs AND AWOs

The Prevention of Cruelty Animals Act,1960Q 1) What amounts to cruelty on animals?A) Section 11 (1) (a) to (o) of The Prevention of Cruelty to Animals Act, 1960prescribesand enumerates the forms of cruelty mentioned hereunder: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 besoemployed, and still making it work or labour or for any purpose;(c) Wilfully and unreasonably administering any injurious drug or injurioussubstance;(d) Conveying or carrying, either in or upon any vehicle in such a manner as tosubject itto unnecessary pain or suffering;(e) Keeping or confining any animal in any cage or any receptacle, which doesnotmeasure sufficiently in height, length and breadth to permit the animal areasonableopportunity for movement;

(f) Keeping for an unreasonable time any animal chained or tethered upon anunreasonably heavy chain or chord;(g) Being the owner, neglects to exercise or cause to be exercised reasonablyany doghabitually chained up or kept in close confinement;(h) Being the owner of any animal fails to provide such animal with sufficientfood, drinkor shelter;(i) Being the owner, without reasonable cause, abandons any animal incircumstances,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 anystreet whilethe animal is affected with a contagious or infectious disease, or withoutreasonableexcuse permits any diseased or disabled animal, of which he is the owner, todie in anystreet;(k) Offers for sale or without reasonable cause, has in his possession anyanimal which issuffering pain by reason of mutilation, starvation, thirst, overcrowding or otherilltreatment(l) Mutilates any animal or kills any animal (including stray dogs) by using themethod ofstrychnine injections in the heart or in any other unnecessarily cruel manner;


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(m) Solely with a view to providing entertainment -(i) Confines or causes to be confined any animals (including tying ofan animal as bait in a tiger or other sanctuary) so as to make it anobject 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 orfor the purpose of baiting any animal or permits or offers any place to be soused orreceives money for the admission of any other person to any place kept orused for anysuch purposes;(o) Promotes or takes part in any shooting match or competition whereinanimals arereleased from captivity for the purpose of such shooting.Q 2) Is treating animal cruelly, a punishable offence?A) Yes. If any animal is subjected to any form of cruelty specified treated in anycruelway, in any of the ways provided under Section11 (a) to (o) of The Preventionof Crueltyto Animals Act, 1960, the offender (in the case of a first offence) will have topay finewhich shall extend to fifty rupees and if it is the case of second offence orsubsequentoffence committed within three years of the previous offence, he will be finedwith notless than twenty-five rupees but which may extend to one hundred rupees or

with theimprisonment for a term which may extend to three months or with both. Also,in thecase of second offence, the offenders vehicle is confiscated, and he will neverbeallowed 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 CognizableOffence. The cognizable offences means that such of the offences whereinPolice Officer is empowered to arrest the accused/ offender without warrant. Allcognizable 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-CognizableOffences. The non-cognizable offences are such offences where the PoliceOfficer is not empowered to arrest the accused/offender without warrant. In thecommission of any Non-Cognizable Offences, the Police Officer should obtain awarrant from the Magistrate concerned to arrest the accused/offender. Thecasesof Public nuisance, Mischief, Assault, Causing Simple Hurt, are some of theoffences which are Non-Cognizable Offences.Q 4) What are the common offences against the PCA and which ones arecognizable?A) The following tabulation/chart enumerates the forms of offences Cognizable and


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Non-Cognizable under the PCA Act, 1960:Nature Of Offence Section Violated Cognizable (Cog.) OrNon-Cognizable (Non-Cog.)Beating, Kicking, Overriding,Over-driving, Overloading,

Torturing, Causingunnecessary pain orsuffering to any animals;Section 11(1)(a) Non-CogEmploying any animalwhich, by reason of its ageor any disease, unfit to beso employed, and stillmaking it work or labour orfor any purpose;Section 11(1)(b) Non-CogWilfully and unreasonablyadministering any injuriousdrug or injurious substance;Section 11(1) ( c) Non-CogConveying or carrying,either in or upon anyvehicle in such a manner asto subject it to unnecessarypain or suffering;Section 11(1) (d) Non-Cog

Keeping or confining anyanimal in any cage or anyreceptacle which does notmeasure sufficiently inheight, length and breadthto permit the animal areasonable opportunity formovement;Section 11(1)(e) Non-CogBeing the owner, neglectsto exercise or cause to be

exercised reasonably anydog habitually chained upor kept in close confinementSection 11 (1)(g) Non-CogBeing the owner of anyanimal fails to provide suchanimal with sufficient food,drink or shelter;Section 11(1)(h) Non-CogWithout reasonable cause,abandons any animal incircumstances which renderit likely that it will sufferpain by reason of starvation


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or thirst;Section 11(1)(i) Non-CogWillfully permitting anyanimals, of which he is theOwner to go at large in anystreet while the animal is

affected with contagious orinfectious disease, orwithout reasonable excusepermits any diseased ordisabled animal, of whichhe is the owner, to die inany street;Section 11(1)(j) Non-CogOffers for sale or withoutreasonable cause, has in hispossession any animalwhich is suffering pain byreason of mutilation,starvation, thirst,overcrowding or other illtreatmentSection 11(1)(k) Non-CogMutilates any animal orkills any animal (includingstray dogs) by using themethod of strychnineinjections in the heart or in

any other unnecessarilycruel manner;Section 11(1)(l) Cog.Solely with a view toproviding entertainment1) Confines or causes to beconfined any animals(including tying of ananimal as bait in a tiger orother sanctuary) so as tomake it an object of prey for

any other animal;2) Incites any animal tofight or bait any otheranimal.Section 11(1)(m) Non-CogOrganizes, keeps, uses oracts in the management of,any place for animalfighting or for the purposeof baiting any animal orpermits or offers any placeto be so used or receivesmoney for the admission ofany other person to any


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place kept or used for anysuch purposes;Section (1)(n) Cog.Promotes or takes part inany shooting match orcompetition wherein

animals are released fromcaptivity for the purpose ofsuch shooting.Section 11(1)(o) Cog.If any person performs uponany cow or other milchanimal the operation calledphooka or any otheroperation, includinginjection of oxytocin givenby dairies to their milchanimals in order to inducemilk, which is injurious tohealthSection 12 Cog.Q5) Can an individual arrest someone who is treating an animal cruelly andbringhim to a police station?A) Any person or individual under whose presence any offence under the Act iscommitted, such person can immediately lodge a written complaint with thenearest

Police Station for taking action.Q 6) What are the powers that a police man can exercise when he see thecrueltybeing done on animals?A) Section 34 of The Prevention of Cruelty to Animals Act, 1960 provides thegeneralpower of seizure for examination to the police officer above the rank ofconstable. If thepolice officer comes to know about an offence against commission of anyoffence underPCA Act has been committed or is been committed on any animal, he can seize

theanimal and produce the same for examination by the nearest magistrate or bytheVeterinary Officer. Whether it is the case of overloading of animals or beating ofanimalor any offences under this PCA Act, the police have the power to seize theanimals andsend them to infirmaries for the treatment and care of animals. This is providedunderSection 35 of The Prevention of Cruelty to Animals Act, 1960. Section 35 statesthat theanimals are to be detained and have to be produced before the magistrate.Animals are tobe treated and cared for in an infirmary, until they are fit for discharge. The


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animal sentfor care and treatment to an infirmary cannot be released from such placesunless theveterinary officer issues the certificate of its fitness for discharge. The cost oftransporting the animal to an infirmary and its maintenance and treatment inan infirmary,

has to be paid by the owner of the animal.Q 7) If a person kills another persons dog or any other pet deliberately, whatactionshould be taken?A) Killing of an animal/pet is illegal and its is an offence being to cruelty onanimals asdefined under Section 11of The Prevention Of Cruelty to Animals Act. It is acognizableoffence under Section 428 and Section 429 of the Indian Penal Code. Section428 of theIPC deals with the punishment for committing mischief by killing, poisoning,maimingor rendering useless any animal or animals of the value of ten rupees orupwards. Thepunishment for such acts/offences are simple or rigorous imprisonment for aterm, whichmay extend to two years, or with a fine, or with both. While Section 429 of theIPCdeals with the punishment for the same nature of crime but for the animals ofthe value offifty rupees or upwards. It must be immediately lodged as an F.I.R with the area

policestation. The punishment in this case will be imprisonment of either descriptionfor aterm, which may extend to five years or with a fine, or with both.Q 8) What is the legal action to be taken on a complaint of stealing of a dog oranyother animal?A) Section 378 of Indian Penal Code deals with Theft, stating that whoever,intendingto take dishonestly any moveable property out of the possession of any personwithout

that persons consent, moves that property in order to such taking, is said tocommit theft.And the property, under this section includes animals too. The section itselfexplains thematter related to animals. A person, who by any means causes an animal tomove, is saidto move that animal without the consent of the owner.For example; A, being Zs servant and entrusted by Z with the care of his dog,takes thedog and sells it to the other party, without Zs consent. The act of A will amountto theft.A Pet, or any other animal within the possession of the owner is considered tobe theproperty of the owner. And any property taken away from the owner without


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the consentof the owner, amounts to theft.Section 379 of Indian Penal Code, penalizes theft. Under this Section, thepunishmentof theft is imprisonment of either description for a term, which may extend tothree years,

or with fine, or with both.So, like in any other theft case, the procedure will be the same. When a personapproaches the police station with the complaint regarding the theft of ananimal, thecomplainant should be encouraged to give a detailed description of the lostanimal, ifpossible with a photograph. And it should be immediately filed as an F.I.R in thepoliceregister/records, the copy of which should be duly signed, stamped and dated,along withthe time and be handed to the complainant. The duty officer of the policestation isresponsible for making all the necessary entries. The complainant has right tofile anF.I.R. This should be read together with the Prevention of Cruelty to Animals Act1960as forcibly taking an animal out of its environs amounting to cruelty.Q 9) In a complaint under Section 428/429 of the IPC in respect of a dog of thecomplainant who has been poisoned by a neighbour, what kind of evidenceshould be looked and asked for?A) If the owner believes that the neighbour is responsible, the owner should

immediatelycontact the nearest police officer. The police officer should visit the site andnote thecondition of the dog. The dog has to be taken to a vet, either private orgovernment, for apost-mortem to determine the cause and approximate time of death. In themeantime thepolice officer can collect any physical evidence that is available, indicating boththeperpetrator and the method used. The police officer must record the statementof the

witnesses who have seen the poisoning or witnesses who can record theattitude orhistory of previous cruelty of the alleged perpetrator towards the deceased.

Thereafter,the police officer must put up a challan before the court of the concernedmagistrate.Q 10) Can people who feed animals in their areas be stopped by the RWAs orSocieties or neighbour under the law?A) Article 51A of the Constitutional Law of India, speaks about the duties ofeverycitizen of India. One of these duties includes having compassion for livingcreatures. Sothe animal lover is protected under the Constitution.,Article 19 of the Constitution of India, deals with right to freedom and in this


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freedomcomes the right to profession, occupation, trade and business. Therefore, itmeans thatevery citizen has the right to occupation and if someone has taken the caringof animalsas 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 andliberty. This is avery vast right. If someone wants to feed and provide shelter to dogs, he is atliberty to doso. He has the same right to liberty that the law provides to every citizen ofIndia.Section 503 of the Indian Penal Code 1860, provides that intimidation is acriminaloffence which is cognizable. Anyone who threatens or intimidates any persontaking careof dogs, is liable for criminal intimidation under Section 503 of Indian PenalCode andcan be arrested without a warrant.But, above every law and rights, there is a natural right, which is a universalright,inherent in the nature of ethics and contingent on human actions or beliefs. It isthe rightthat is claimed to exist even when it is not enforced by Government or societyas a whole.It is the right of the individual and considered beyond the authority of a

Government orinternational body to dismiss. Therefore, if there are any rights at all, theremust be rightto liberty, for all the others depend on this. And the choice of loving, caring,feeding andgiving shelter to dogs is the natural right of any individual.In a Judgment passed by the Delhi Court, it has been stated that the AnimalWelfareBoard of India and the Municipal Authorities have in the guidelines issued bythemspecified the problem often faced by individuals and families who adopt and

feed strayanimals. The court says that it is necessary to bring into record that theseindividuals andfamilies who adopt stray animals are doing a great service to humanity as theyare actingin the aid and assistance of Municipal Authorities by providing these animalswith foodand shelter and also by getting them vaccinated and sterilized. Withoutassistance of suchpersons no local Municipal Authority can successfully carry out its ABCprogramme.

The Court has proceeded to say that the local police and the municipalauthorities areunder obligation not only to encourage such adoption but also to ensure


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protection tosuch persons who come forward to take care of these animals specifically thecommunityor neighborhood dogs so that they are not subjected to any kind of cruelty,finally, theCourt has said that every individual has the right to live his life in the manner

he wantsand it is necessary that the society and the community recognize it.Q11) Can an RWA/Society or any individual remove or have removed the dogsin acolony that are already sterilized and vaccinated and throw them awayanywhere?A) Under the Govt. of India, Animal Birth Control Rules 2001, no sterilized dogscanbe relocated from their area. As per five different High Court orders, sterilizeddogs have to remain in their original areas. If the dog is not sterilized, theSocietycan simply ask an animal welfare organization to sterilize and vaccinate thedog.

They cannot relocate them. Relocation is not permissible, as it would causemoreproblems such as an increase in dog bites as new dogs will move into the areawho 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 asfollows:

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

kicking ,over-riding, overloading, over-driving, torturing or otherwise treatingany animals so as to subject it to unnecessary pain amounts to cruelty onanimals. And whoever indulges in an act of cruelty to animals makes himselfliable for action under Prevention of Cruelty to Animals Act.

There are designated agencies in Govt/local self-government Organizationsthat are authorized to deal with stray animals. Such Organizations regularlyundertake inoculations, sterilization of animals and other programmes.

Recognized Associations may approach such institution for redressal of theirgrievances if any, with regard to stray animals. Un-recognized associationsmay also approach such bodies with their grievances, but they should notpretend to represent the residents in general.

All problems of stray animals have to be handled within the institutionalframework available. No association, recognized or unrecognized, shall takerecourse to any action regarding stray animals on their own, either themselvesor through any person employed by them like security guards.

Where there is no recognized association, residents may take up grievancesthrough the AWO/Office of the CWO.

While residents and Associations are free to address institutional agencies forredressal of grievances in this matter, no resident/association will interferewith 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 willrender themselves liable for action under CCS Conduct Rules.Q 12) Does practicing phooka or doom dev amount to cruelty?


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A) Yes. Section 12 of The Prevention of Cruelty to Animals Act, 1960, penalizespracticing of phooka or doom dev or any other operation being performed uponany cowor other milch animal, to improve its lactation. This is injurious to health of theanimal. Itis a cognizable offence and the person shall be punishable with a fine, which

may extendupto one thousand rupees, or with imprisonment for a term which may extendupto twoyears, or with both and the animal on which the operation was performed shallbeforfeited to the Government.Also, if a Police Officer, not below the rank of Sub-Inspector, has reason tobelieve that Phooka or any other operation of the nature referred to in Section12, hasbeen 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 mayseize the animal and produce it for the examination by the Veterinary Officer incharge ofthe area in which the animal is seized.Q13) Dairies give their milch animals injections of oxytocin in order to inducemilk.Is this illegal?A) Yes. Use of Oxytocin Inj. on milching animal in order to induce milk is illegaland

amounts to cruelty on animal under Section 12 of The Prevention of Cruelty toAnimalsAct, 1960. It is a cognizable offence and the person shall be punishable with afine, whichmay extend upto one thousand rupees, or with the imprisonment for a termwhich mayextend upto two years, or with both and the animal on which the operation wasperformedshall be forfeited to the Government. The proprietor of the shop selling thesedrugs to adairy shall be liable to lose his license as a pharmacist and shopkeeper in

addition tocriminal charges with punishment of upto 5 years in prison.

The Government of India has acknowledged the negative effects of oxytocinand hasdeclared it as a scheduled substance. It is illegal under the Food and DrugAdulterationact to buy, sell or administer these injections without a physicians permit.

These ruleapply to milkmen too.Under the provisions of the Drugs and Cosmetics Act, Oxytocin has beenclassified as aPrescription drug. No person/milkman can purchase the drug without havingthe requisiteprescription from a Registered Medical Practitioner or Registered Veterinarian.


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But,despite this, Oxytocin ampoules are easily and readily available not only atchemists butalso from other unauthorized outlets in market situated close to dairies.Q14) How can one tell dairymen or milkmen are using oxytocin?A) If oxytocin is being used, there will be marks and bruises caused by the

needles allover the body of the cow. Needles, syringes, discarded vials, blood soakedcotton can befound near the milch animal.

The Performing Animals Rules,1973 and The Performing Animals( Registration)Rules,2001Q 15) What are Performing Animals?Under Section 2(b), of the Performing Animals Rules, 1973, Performing Animalsmeans any animal which is used for the purpose of any entertainment to whichthe publicis admitted through the sale of tickets.Section 2(h) of the Performing Animals (Registration) Rules, 2001 specifies thatthis includes animals used in films and for equine events.Q 16) Is the exhibition and training of performing animals restricted?A) Yes, Section 22 of The Prevention of Cruelty to Animals Act 1960 restricts theexhibition and training of performing animals, unless the person interested inexhibitingand training the animal is registered in accordance with provisions of the Act.No animalcan be exhibited or trained, where the Central Government, by notification inthe Official

Gazette, has restricted the exhibition and training of such animal. Thesefollowinganimals cant be exhibited or trained:1) Bears2) Monkeys3) Tigers4) Panthers5) LionsQ17) What are the conditions for the exhibiting and training of performinganimals?A) The first and foremost condition is the registration of the person seeking

permission totrain and exhibit. Section 3 of The Performing Animals (Registration) Rules,2001,provides for Application of registration stating that any person desirous oftraining orexhibiting performing animals has to apply for registration to the prescribedauthority.Without being registered such a person is not allowed to exhibit or train anyanimal as aperforming animal.Apart from this, Section 8 of The Performing Animals (Registration) Rules, 2001laysdown general conditions for registration, which the prescribed authority whilegranting


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registration may impose such terms and conditions. The following are thegeneralconditions:(1) Every owner who has ten or more such performing animals shall have aveterinarianas a regular employee for their care, treatment and transport;

(2) The owner shall not transport such animals by road continuously for morethan 8hours;(3) The owner shall ensure proper watering and feeding halts during suchtransportation;(4) The owner after transportation shall provide feeding and retiring enclosuresin respectof the animals;(5) The owner shall ensure that any animal is not inflicted unnecessary pain orsufferingbefore or during or after its training or exhibition;(6) The owner shall not deprive the animal of feed or water in order to compelthe saidanimal to train or perform any trick;(7) The owner shall train an animal as a performing animal to perform an act inaccordance with its basic natural instinct;(8) The owner shall not make a performing animal perform if it is sick or injuredorpregnant;(9) The owner shall ensure that no sudden loud noise is deliberately createdwithin the

vicinity of any performing animal or bring an animal close to fire, which mayfrighten theanimal;(10) The owner in case the performing animal is to be exhibited under artificiallight, theoverall intensity of such light shall not be more than 500 LUX;(11) The owner shall not subject the animals to any action, which may eitherkill or injureor use the animals in scenes, which may cause injury to the animals;(12) The owner shall not use any tripping device or wires or pitfalls for suchanimals;

(13) The owner shall not expose any animal to either burning fire or to fireaccidents;(14) The owner shall not keep any animal including horses in close proximitywhileshooting scenes involving explosives or other loud noises;(15) The owner shall ensure that props such as spears, nails, splinters, barbedwires orother such props shall not cause injury to the animals during performance;(16) The owner shall ensure that equines are not made to walk on hardsurfaces withoutbeing shoed and shall further ensure that the animals are not used in downhillslides orrodeo slide stops without proper skid and hock boots;(17) The owner of any equine shall not use any whip;


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(18) The owner shall ensure that the animal is not used on floors that are verysmoothwithout the use of non-skidding mats;(19) The owner shall ensure that a large gathering of animals is not allowed insuch away, that may cause or result in a stampede.

(20) The owner shall ensure that the animal is not made or incited to fightagainst otheranimal and shall further ensure that sedatives or tranquillizers or steroids orany otherartificial enhancers are not administered to or inserted in any animal.(21) The owner shall ensure that the animal shall not be transported or kept orconfined incages and receptacles, which do not measure in height, breadth or length inaccordancewith the comfort of animal.(22) The owner shall ensure that the animal is not continuously used forexcessivenumber of takes in shooting a film without providing adequate rest to theanimal and inthe event of a snake being used it shall not be made to ingest any substancesor made tocrawl across tarred or any other heatened surface and shall not be contorted towrestle.(23) The owner shall ensure that while using an animal in shooting a film, thefightsequence shall not be shot in any livestock holding area including poultry area

and shallfurther ensure that no birds are shown in cages.(24) The owner shall inform the prescribed authority at least four weeks inadvanceinforming the place, date and time of the actual making of the film wherein theanimal isto be used;(25) Persons desirous of transporting horses from one place to another shalladhere to theminimum norms to enhance conditions of travel safety of the horses, namely:-1) No horse shall be tied up in such a way that his head and neck movements

are unnaturally restricted while traveling2) All horses must be watered at least every four hours and providedadequate ration of hay during the journey lasting more than eight hours3) Adequate ventilation and free flow of fresh air in the vehicle shall beensured during transport4) Rubber mats shall preferably be used for flooring instead of straw bedding5) Horses shall not be transported within twenty four hours of having raced6) No horse shall be raced, where the period of journey exceeds six hours,unless twenty four hours have lapsed since completion of the travel.Q 18) Are animal fairs where animals are traded, legal?A) When the sale takes place this fair is normally meant for farmers. However,in recentyears they have become exclusively devoted for providing animals to butchers.

This is


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illegal. In order to prevent this from happening local administration shouldmake sure thatno trucks are allowed near the fair and that no cattle is put inside trucks and nobuyer canbuy more than two animals. The Municipality has a special role to play inanimal

protection. The Local authority of the place where the Haat or fair is heldshould checkthat there is the proper maintenance of animals by their owners. Themunicipality mustallocate sufficient funds for the proper cleaning, feeding, housing andtreatment of theseanimals. The money earned from their auction and release, must be spent onthe care ofthese animals. Wherever possible, it should involve local NGOs/AWO in therunning ofthese Pounds. When cattle are auctioned, the buyer must specify for whatpurpose he isbuying the animal and that should be verified to avert cow slaughter, which is acriminaloffence.

The Municipality can also designate local shelters as Infirmaries for the careandtreatment of impounded animals.But no wild animals or birds and other wild species any endangered speciescould besold or brought in the fairs.

Q19) Does the Prevention of Cruelty to Animals Act, 1960 provide anyprocedurefor registration with regard to the exhibition and training of performinganimals?A) Yes, Section 23 of the above mentioned Act provides procedure forregistration. Thereare five conditions that need to be fulfilled with regard to the registration ofperforminganimals.1. Every person desirous of exhibiting or training any performing animal has tomake an application in the prescribed form, to the prescribed authority and on

payment of the prescribed fee.2. An application for registration contains such particulars as to the animalsand asto the general nature of the performances in which the animals are to beexhibited or for which they are to be trained and the particulars so given shallbe entertained in the register maintained by the prescribed authority.3. The prescribed authority shall give to every person whose name appears ontheregister kept by them, a certificate of registration in the prescribed formcontaining the particulars entered in the register.4. Every register is open for inspection by any person on payment of theprescribed fee.5. And the person whose name is entered in the register, is entitled, on makingan


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application for the purpose, to have the particulars entered in the register withrespect to him varied, and where any such particulars are so varied, theexistingshall be cancelled and a new certificate will be issued.Q20) What does it mean by Prescribed Authority and the prescribed payment offee

for registration? What are the performing animals? And also, what is theprescribed payment of fee for inspection of the register by any person?A) Under Section 2 (b), of The Performing Animals Rules, 1973 performinganimal means any animal, which is used for the purpose of any entertainmentto which the public are admitted through the sale of tickets.B) The Prescribed Authority is the Animal Welfare Board of India, which isestablished by the Central Government. This Board has been established forthe promotion of animal welfare and for protecting them from being subjectedto unnecessary pain or suffering.Animal Welfare Board of IndiaPost Box No.8672No. 13/1, 3rd Seaward RoadValmiki Nagar

ThiruvanmayurChennai-600041Ph: (044)-24454935, 24454958Fax:044-24454330Website: www.awbi.orgE-mail: [email protected] 4 of The Performing Animals Rules, 1973 prescribes about fee andregistration which says that every application for registration shall be

accompanied by afee of rupees twenty-five which can be either paid in cash or in such othermanner as maybe specified by the prescribed authority.Section 7 of The Performing Animals Rules, 1973 states that anyone who isinterested in inspecting the register can do so during office hours on anyworking dayupon payment of a fee of two rupees.Q21) What rules does the Central Government have with regard to thePerformingAnimals Registration?

A) The Central Government has prescribed Rules with regard to the registrationofperforming animals, which are provided in The Performing Animals(Registration) Rules,2001.Section 2(g) states that Prescribed Authority means the central government, orsuch other authority including the Animal Welfare Board of India or the StateGvernment, as may be authorized by the central government.Section 2(h) says that the performing animal means an animal, which is usedat orfor the purpose of any entertainment including a film, or an equine event towhich thepublic are admitted. This includes horse races, polo matches and any otherpublic event


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involving horses.Section 4 talks about the fee and registration, where a fee of rupees 500 (fivehundred) shall accompany every application for registration.Q 22) What are the acts that amount to offences with regard to performinganimals?A) Section 26 of The Prevention of Cruelty to Animals Act, 1960 list the acts

thatamounts offences with regard to performing animals. Section 26 says that ifany persona) Not being registered exhibits or trains any performing animal;Ora) Being registered under this Act, exhibits or trains anyperforming animal with respect to which, or in a manner withrespect to which, he is not registeredb) Exhibits or trains as a performing animal, any animal which isnot to be used for the purpose of exhibitionc) Obstructs or Wilfully delays any person or police officer fromentry and inspecting the premises where the performinganimals are

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