Offenses related to slaughter and cruelty on animals- In the Indian Penal Code, not only crimes committed against human life are considered crimes, but crimes against animals are also considered as crimes. In this case, the Indian Penal Legislation is very liberal and it also protects the animals living within the border of India and also empowers the animals living within the boundary of India. Although the Indian Penal Legislation recognizes animals as property within separate Acts and especially in the Indian Penal Code, punishment is also kept in respect of the property itself. That no one can harass any animal or kill within the boundaries of India.
In the recent case, a pregnant elephant was killed by feeding crackers filled pineapple. Such incidents are seen every day in our country, to deal with these incidents; the rights of animals have also been protected through the Indian Penal Code and some other Acts.
With the help of this article, the author is discussing in brief about the penal sections and other provisions of Indian laws related to the slaughter of animals and cruelty with animals is a crime in India.
The Constitution of India has the fundamental duties under article 51(a) for the protection of animals. These fundamental duties have certain duties impose on every citizen. These duties are the duty of a citizen towards the nation of India. Although these duties cannot be enforced by the court, but inspired by these duties, the Parliament of India can create new legislations, which are helpful in fulfilling these duties. The Fundamental Duty is an important part of the Constitution of India.
Article 51 (a) (g) has made a provision under which the duty to protect and improve the natural environment including forests, lakes, rivers, and creatures.
For this article of the constitution, the Indian Parliament has enacted the Cruelty to Animals Act 1960, Wildlife (Protection) Act 1972, and Slater House Rules 2001. The slaughter and cruelty with animals has also been made a crime in the Indian Penal Code and in the Indian Penal Code the life of animals is not treated as the life of a human being, but the animal as an asset. This is the assumption that their slaughter and cruelty towards them has been made a punishable offense. Chapter 17 of the Indian Penal Code provides for offenses against property. One of these provisions is Rishti, which is called Mischief in English. It is a crime not only to deprive a person of his property, but also to harm him, because such damage either destroys his utility or brings about a change that does not serve the purpose of the owner and the consumers.
This crime may be of a less serious nature than prior offenses, yet the crime is a crime, whatever it may be and there is a system of punishment for such a crime. Within this Rishti, crimes related to animals have been arranged. Cruelty to animals and their slaughter has been considered a serious form of relief. See some provisions of Indian Penal Code Section 428 -By killing or handicapping an animal worth ₹ 10 whosoever shall see any animal or animal of the value of ₹ 10 or more by slaughtering, poisoning, handicapping and making them unusable, both of which can be punishable by imprisonment for a term which may extend to 2 years or fine and will be punished by both. The name of any animal is not mentioned in this section, only the price is stated.
Any such act is done against any animal of this value, so that the animal dies, becomes disabled or it becomes such that it is of no use. An imprisonment of up to 2 years has been kept for such an act. Section 429 of the Indian Penal Code deals with the slaughter or handicap of cattle of any value or any animal worth more than ₹ 50. In this stream elephant, camel, horse, mule, buffalo, cow, bull, or vine, whatever its value or any animal is worth more than ₹ 50, to poison such organism, to disable it or make it so this is a serious sight, no longer useful. It can be punished with imprisonment for up to 5 years and both.
It has also been laid down in the case of Gopal Krishna v. Krishna Bhatt AIR 1960 Kerala 74 that the section pertains to permanent damage to animals. As recently we have seen the incident of killing an elephant with ammo, Section 429 will be applicable in such a situation. Under the Criminal Procedure Code 1973, the section has been made a cognizable offense, that is, as soon as the police get cognizance of it, they can make an arrest and start an investigation.
Although the Criminal Procedure Code itself has kept this offense bailable but the Indian Penal Code provides for rigorous imprisonment of up to 5 years in this offense. This section is not used when an animal is sacrificed for religious purposes, but such a sacrifice should also be according to religious ritual.
Elephants, camels, horses, etc. cannot be sacrificed under the Wildlife Protection Act of 1972 in India, and bulls and bulls have been protected in different states under the Cows Protection Act. Now only a few selected animals are left, which are sacrificed, such as goats, buffalo, sheep, and rooster.
Section 429 explicitly mentions elephants, camels, horses, mules, buffalo, bull cows, bulls, taking their names in this section; the animal is described as a property. This means that if the owner consumes the property, he can also disable the animal or slaughter it or even poison it, but elephant camel horse mules were protected under the Wildlife Protection Act. Yes, cow bulls are protected under the Cows Protection Act and buffalo goat sheep are not protected here, but they are also protected under the Animal Cruelty Act.
These animals can only be slaughtered under the Salaster House Rules 2001. Prevention of Cruelty to Animals Act 1960, The Prevention of Cruelty to Animals Act 1960 has been enacted by the Parliament of India for the purpose of tackling animal cruelty. All efforts have been made to curb cruelty to animals through this act.
Section 11 of the Act states cruelty towards animals which in simple terms is as follows:-
1) Beating, stumbling, riding too much, torturing him or carrying too much burden, or doing any kind of behavior with him that causes him unnecessary suffering.
2) An animal is unable to do any work due to its age, any part of the limb, any wound, any boil, that animal should still be employed in that work.
3) Wilfully give or feed or feed any harmless medicine or any damage agent to any animal.
4) Carrying an animal or animals in a motor vehicle in such a manner that the animal is tortured while carrying it.
5) Place an animal in a cage that is small in width and the animal is tortured.
6) To keep an animal inappropriate or with a small rope or chain, or to keep it tied to a heavy object. 7) Do not give food to the animal even after owning the animal.
8) Without any reasonable reason, leave an animal in a place where it does not have food to eat grains and it will starve.
9) Keep any such handicapped, hungry, sick and thirsty for sale in the market.
10) To entertain the fight by fighting two animals together.
11) Shoot and kill animals by aiming. All these things have been put in the category of cruelty and have been made a crime and if this crime is committed for the first time for this crime then there is a fine of at least ₹ 25000 and which can be up to ₹ 100000.
The second time or if a crime is committed, then a provision of punishment of up to three months has been kept in it.
A board has been formed to protect these animals, which is the central board. It is constituted by the Central Government, headed by the Inspector General of Forests of the Central Government. This board forms separate committees in different states. These committees operate under the Municipal Corporation and the Municipal Body. The action taken by these committees is done under this Act.
It is a revolutionary act that is very effective for the protection of animals within the boundary of India. Under this act, any animal other than man is called an animal, that is, the living beings of the whole earth have been protected within the limits of India.
However certain rules have been set for killing stray dogs and running zoos. The zoo is run only for scientific research and information. The zoo is not intended to represent animals and earn money from them. As in India, Madari used to play monkeys and used to show a snake game. It is also banned under this Act.
If animals are employed by imparting any training in a circus etc., then registration has to be done under this board created by the central government for such tests. This board supervises it. The Prevention of Cruelty to Animals Act 1960 also mentions the process of registration.
