Animal Cruelty Laws In India

“Animal Cruelty on a rise during lockdown”, “Pregnant Dog abused to Death in Bhubaneswar”, “In Delhi, abandoned pets face cruelty amidst lockdown”, and “Stray dog dies in Pune after man ties it to a two-wheeler, drags it on road at high speed” are a few headlines that every newspaper reader is coming across these days. It is for a fact that the COVID-19 wave has managed to expose different faces of humanity. On one hand, volunteers from organisations like HSA, PETA and PFA are battling hard to shower a few glimpses of comfort on the strays and the other hand, some of the pet owners are abandoning their dogs and cats only because they saw social media flooded with news alleging the spread of COVID through animals. Fortunately, India has various laws which come to the rescue for those who wish to prevent animal cruelty or abuse.

The Prevention of Cruelty to Animals Act, 1960

Section 3 of the PCA act bestows a duty on any person having the care and charge of the animal to take all reasonable measures necessary for the well-being of such animal. It further makes it necessary for the person in charge to prevent the infliction of any unnecessary pain or suffering through all measures necessary.
Section 11 of the PCA squarely covers all instances of animal cruelty possible to the human mind. It makes beating, riding over, torturing, hurting any animal a punishable offence.

Furthermore, abandoning a pet, keeping an animal chained, thirsty, hungry or under any such circumstance causing unnecessary pain to the animal is a punishable offence. Albeit, the punishment is fairly low as per the common standards being imprisonment which may extend to three months or with fine which may extend to Rs. 100 or with both. An amendment relating to the increment of fine under this statute has been long pending in the parliament and awaiting attention for the last few decades.

Indian Penal Code, 1860

Section 503 r/w Section 506 - Threatening another person with an injury to his body, property or his reputation with an intent to cause alarm to that person, or to cause that person to do any act the person is not bound to do or to stop that person from doing any act the person is legally entitled to do, is criminal intimidation which is a punishable offence with imprisonment which may extend to 2 years or with fine or both.

The provision comes to rescue for all the Pet owners and Stray Animal feeders as nothing in the law prohibits anyone from feeding a stray animal until it infringes the right of someone else. Interestingly, as per article 51A(G) of the Indian Constitution, every citizen has to protect and improve the natural environment including forests, lakes, rivers and wildlife and to have compassion for living creatures. Unfortunately, we as citizens are successfully competing with the state in shrugging of our the fundamental duty to exist in harmony with animals.

Section 429 - The provision makes it punishable to cause mischief by killing, maiming or hurting an animal above a value of Rs. 50 or more, to make it useless, with imprisonment which may extend up to 5 years or fine or both.

Pet owners and Cattle keepers are squarely protected under this provision and can file an FIR under section 429 if any person tries to or has harmed the animals in their custody. Once the FIR has been filed, the police officer takes a written notice of the condition of the animal who then has to be taken to a vet to determine the cause of death. During the investigation, the police officer will record the statements of witnesses who have witnessed the incident or any past incident of cruelty inflicted upon the animal before. Once the investigation is over, the police may file a Charge sheet (challan) or a closure report deepening upon the conclusion of the investigation.

Back to Learn

Frequently Asked Questions

Common questions about Animal Cruelty Laws in India: Understanding Legal Protections.

The Prevention of Cruelty to Animals Act, 1960 and the Indian Penal Code, 1860 are the two primary laws that address animal cruelty in India. The PCA Act specifically deals with the prevention of cruelty to animals, while relevant sections of the IPC cover offenses such as animal abuse, criminal intimidation, and causing mischief by harming animals.

Section 11 of the PCA Act covers various instances of animal cruelty, including beating, riding over, torturing, or inflicting unnecessary pain or suffering on any animal. Additionally, abandoning a pet, keeping an animal chained, thirsty, hungry, or under any circumstances that cause unnecessary pain is considered animal cruelty under this Act.

The punishment for animal cruelty offenses under the PCA Act is relatively low, with a maximum imprisonment of three months or a fine of up to Rs. 100, or both. However, there is a pending amendment to increase the fines under this statute, which has been awaiting attention for several decades.

The Indian Penal Code addresses animal cruelty through various provisions, such as Section 429, which makes it punishable to cause mischief by killing, maiming, or hurting an animal valued above Rs. 50, with imprisonment up to 5 years, a fine, or both. Additionally, Sections 503 and 506 cover criminal intimidation against pet owners or stray animal feeders.

If an FIR is filed under Section 429 of the IPC for harming an animal, the police officer takes written notice of the animal's condition and has it examined by a veterinarian to determine the cause of death or injury. The police then record witness statements and conduct an investigation, after which they may file a charge sheet or a closure report based on their findings.

According to Article 51A(G) of the Indian Constitution, every citizen has the fundamental duty to protect and improve the natural environment, including forests, lakes, rivers, and wildlife, and to have compassion for living creatures.

Yes, Sections 503 and 506 of the Indian Penal Code protect pet owners and stray animal feeders from criminal intimidation. If someone threatens them with injury, harm to their property or reputation, or tries to coerce them into stopping their lawful activities, they can file a case under these sections.

The pending amendment to the Prevention of Cruelty to Animals Act aims to increase the fines for animal cruelty offenses, which are currently relatively low. This amendment has been awaiting attention in the parliament for several decades and is crucial to strengthening the deterrence against animal cruelty in India.

The article mentions that during the COVID-19 lockdown, there has been a rise in instances of animal cruelty, such as abandoning pets due to misinformation about animals spreading the virus. However, organizations like HSA, PETA, and PFA have been working to provide comfort and care for strays during this period.

Article 51A(G) of the Indian Constitution establishes the fundamental duty of every citizen to protect and improve the natural environment, including wildlife, and to have compassion for living creatures. This provision provides a constitutional basis for the protection of animals and prevention of cruelty towards them in India.