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INDIAN ANIMAL LAWS

INDIAN PENAL CODE (ipc)

SECTION 268

A person is guilty of a public nuisance who does any act or is guilty of an illegal omission which causes any common injury, danger or annoyance to the public or to the people in general who dwell or occupy property in the vicinity or which must necessarily cause injury, obstruction, danger or annoyance to persons who may have persons who may have occasion to use any public right. 


The killing of an animal in public place amounts to public nuisance, and annoyance to the public.

Section 269 & 270

It can be a negligent act or a malignant act which can spread infection or disease dangerous to life. These sections enable a person to file a charge sheet to prohibit the killing of an animal or the sale of the meat obtained from sacrificed animals, in any public place, other than those which are registered for this purpose.  

Section 378

Whoever, intending to take dishonestly any moveable property out of the possession of any person without that per­son’s consent, moves that property in order to such taking, is said to commit theft.  


And the property, under this section includes ‘animals’ too. 


This section is useful incases of Kidnapping or "Theft" of Companion Animals.

Section 379

Whoever commits theft, under section 378, shall be pun­ished with imprisonment of either description for a term which may extend to three years, or with fine, or with both. 

Section 428

Whoever commits mischief by killing, poisoning, maiming or rendering useless any animal or animals of the value of ten rupees or upwards, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. 

Section 429

Whoever commits mischief by killing, poisoning, maiming or rendering useless, any elephant, camel, horse, mule, buffalo, bull, cow or ox, whatever may be the value thereof, or any other animal of the value of fifty rupees or upwards, shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both. 

Section 503

Criminal Intimation: Whoever threatens another with any injury to his person, reputation or property, or to the person or reputation of any one in whom that person is interested, with intent to cause alarm to that person, or to cause that person to do any act which he is not legally bound to do, or to omit to do any act which that person is legally entitled to do, as the means of avoiding the execution of such threat, commits criminal intim­idation.  


This Section is Useful for Animal Feeders.


PREVENTION OF CRUELTY TO ANIMALS ACT, 1960

Laws for Animal Feeders

 A. There is no law against feeding needy animals. Any citizen irrespective of where they reside may, from their own resources, feed any animal.


B. The Court has held that feeding needy animals is a social service. Harassment and threatening to those who feed and care for them is a violation of the laws. 


Kindly refer to this document for more information: http://www.awbi.org/awbi-pdf/pet_dog_circular_26_2_2015.pdf

Performing Animals Act, 2001

A. The Performing Animals Act was issued in 2001, whereby no animals could be displayed, exhibited or used for performance without mandatory clearances.  

B. Section 2(h) of the Performing Animals Act Rules, 2001 specifies that this includes animals used in films and for equine events. 


Kindly refer to this document for more information: http://www.awbi.org/awbi-pdf/APL.pdf


Pet Shop Rules

Existing establishments are granted a period of 60 days to obtain licenses, starting from the date of commencement of the rules.


Kindly refer to this document for more information: http://www.awbi.org/awbi-pdf/APL.pdf

Dog Breeding and Marketing Rules, 2017

Section 8 provides for the conditions required for the sale of dogs and pups.


Section 8(a) prohibits the sale of pups less than 8 weeks in age.


Section 8(b) prohibits the sale of unsterilized dogs over 6 months in age unless they are being sold to another licensed breeder.


Section 8(f) prohibits the display of pups in public places for the purpose of an immediate sale. 


Kindly refer to this document for more information: http://www.awbi.org/awbi-pdf/APL.pdf

Livestock Regulation Rules

A. Section 5 discusses the registration process of existing animal markets.


B. Section 6 discusses the process of establishment of new animal markets.


C. Use of Oxytocin Injections on milching animals in order to induce milk is illegal and amounts to cruelty on animals under Section 12 of The Prevention of Cruelty to Animals Act, 1960.  


Kindly refer to this document for more information: http://www.awbi.org/awbi-pdf/APL.pdf

Animal Birth Control Rules

A. Section 3 provides for sterilization and vaccination as a means of stabilizing/reducing stray dog populations and eliminating the risk of rabies. 


B. Section 7 provides guidelines for the carrying out of local Animal Birth Control programs.


C. Section 7 Prohibits relocation of stray dogs. 


D. Section 12 Provides guidelines for dog breeding which must be adhered to by breeders. 


Kindly refer to this document for more information: http://www.awbi.org/awbi-pdf/APL.pdf

Animal Sacrifice Laws

A. Section 28 - Saving as respects manner of killing prescribed by religion. Nothing contained in this Act shall render it an offence to kill any animal in a manner required by the religion of any community.


B.  The Prevention of Cruelty To Animals (Slaughter House) Rules, 2001 provides that no one can slaughter animals in slums, in roadside meat shops or in dhabas or in private houses.  


Kindly refer to this document for more information: http://www.awbi.org/awbi-pdf/APL.pdf

Animal Transportation Laws

Transport any animal in any manner that will cause him or her unnecessary suffering. This includes loading cows into trucks without ramps and overcrowding the vehicle as well as tying up pigs and carrying them on cycles (PCA, Section 11(a)). All violations of Section 11 are punishable with a fine of Rs 100 and/or up-to three months in jail.


Kindly refer to this document for more information:

http://awbi.in/awbi-pdf/TRANSPORT%20OF%20ANIMALS,%20RULES,%201978.pdf

Animal Slaughter Rules

Section 3(2), prohibits slaughtering of any animal:

● who is pregnant or

● has an offspring less than three months old, or

● the animal which is under the age of three months or

has not been certified by a veterinary doctor that it is in a fit condition to be slaughtered.


Kindly refer to this document for more information:

http://awbi.in/awbi-pdf/(SLAUGHTER%20HOUSE)%20RULES,%202001.pdf

Cruelty to Draught and Pack Animals

Kindly refer to this document for more information: http://awbi.in/awbi-pdf/Draught_and_Pack_Animal_Rules_1965_English.pdf

General Laws pertaining to Animal Abuse

The High Courts of Delhi, Rajasthan, Gujarat, Mumbai, and several other states have specifically forbidden the killing of stray dogs and have directed the municipality to introduce a sensible sterilization program instead. The Animal Welfare Board of India has established a code of conduct for the municipality. 


Kindly refer to this document for more information:http://awbi.in/awbi-pdf/(SLAUGHTER%20HOUSE)%20RULES,%202001.pdf

Section 11

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

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


Kindly refer to this document for more information:http://awbi.in/awbi-pdf/(SLAUGHTER%20HOUSE)%20RULES,%202001.pdf

Laws against experimentation on animals

A. Breeding of and Experiments on Animals (Control and Supervision) Rules, 1998 (enforced in 1982).


B. The Committee for the Purpose of Control and Supervision of Experiments on Animals (CPCSEA).


Kindly refer to this document for more information:   

https://blog.ipleaders.in/laws-and-regulations-regarding-animal-experimentation-in-india/#Breeding_of_and_Experiments_on_Animals_Control_and_Supervision_Rules_1998_enforced_in_1982


 


WILDLIFE PROTECTION ACT, 1972

Zoo Laws

Section 38(H) Recognition of zoos:  (1) No zoo shall be operated without being recognised by the Authority.


Section 38J. Prohibition of teasing, etc., in a zoo

No person shall tease, molest, injure or feed any animal

or cause disturbance to the animals by noise or otherwise, or litter the grounds in a zoo.] 


Kindly refer to this document for more information:http://awbi.in/awbi-pdf/(SLAUGHTER%20HOUSE)%20RULES,%202001.pdf

Endangered species laws

Kindly refer to this document for more information:http://awbi.in/awbi-pdf/(SLAUGHTER%20HOUSE)%20RULES,%202001.pdf

Laws relating to trafficking and smuggling

Section 49B: Prohibition of dealings in trophies, animal articles, etc., derived from scheduled animals 


Section 50: Power of entry, search, arrest and detention 


Kindly refer to this document for more information:http://awbi.in/awbi-pdf/(SLAUGHTER%20HOUSE)%20RULES,%202001.pdf

AQUATIC LIFE

Kindly refer to this document for more information:http://awbi.in/awbi-pdf/(SLAUGHTER%20HOUSE)%20RULES,%202001.pdf

FOREST ENCROACHMENT LAWS

Kindly refer to this document for more information:http://awbi.in/awbi-pdf/(SLAUGHTER%20HOUSE)%20RULES,%202001.pdf

SCHEDULE I, II ETC SPECIES OF ANIMALS

No persons shall hunt any wild animal specified in Schedules I, II, III and IV except as provided under Sections II and 12 


Kindly refer to this document for more information:http://awbi.in/awbi-pdf/(SLAUGHTER%20HOUSE)%20RULES,%202001.pdf

The laws mentioned above are limited and subject to change.

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