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Section 11 – The Prevention of Cruelty to Animals Act,1960

The Prevention of Cruelty to Animals Act,1960

Section 11. Section

(1) If any person-

(a) Beats, kicks, over-rides, over-drives, over-loads, tortures or otherwise treats any animal so as to subject it to unnecessary pain or suffering or cause, or, being the owner permits, any animal to be so treated, or

(b) 1[Employs in any work or labour or for any purpose any animal which, by reason of its age or any disease] infirmity, wound, sore or other cause, is unfit to be so employed or, being the owner, permits any such unfit animal to be so employed; or

(c) Wilfully and unreasonably administers any injurious drug or injurious substance to 2[any animal] or wilfully and unreasonably causes or attempts to cause any such drug or substance to be taken by 2[any animal;] or

(d) Conveys or carries, whether in or upon any vehicle or not, any animal in such 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 does not measure sufficiently in height, length and breadth to permit the animal a reasonable opportunity for movement; or

(f) Keeps for an unreasonable time any animal chained or tethered upon an unreasonably short or unreasonably heavy chain or cord; or

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

(h) Being the owner of 3[any animal] fails to provide such animal with sufficient food, drink or shelter; or

(i) Without reasonable cause, abandons any animal in circumstances which render it likely that it will suffer pain by reason of starvation or thirst; or

(j) Wilfully permits any animal, of which he is the owner, to go at large in any street while the animal is affected with contagious or infectious disease or, without reasonable excuse permits any diseased or disabled animal, of which he is the owner, to die in any street; or

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

4[(l) Mutilates any animal or kills any animal (including straydogs) by using the method of strychnine injections in the heart or in any other unnecessarily cruel manner; or]

5[(m) Solely with a view to providing entertainment

(i) Confines or causes to be confined any animal (including tying of an animal as a bait in a tiger or other sanctuary) so as to make it an object of prey for any other animal; or

(ii) Incites any animal to fight or bait any other animal; or]

(n) 6[x x x] Organizes, keeps, uses or acts in the management of, any place for animal fighting or for the purpose of baiting any animal or permits or offers any place to be so used or receives money for the admission of any other person of any place kept or used for any such purposes; or

(o) Promotes or takes part in any shooting match or competition wherein animals are released from captivity for the purpose of such shooting; he shall be punishable 7[in the case of a first offence, with fine which shall not be less than, ten rupees but which may extend to fifty rupees, and in the case of a second or subsequent offence committed within three years of the previous offence, with fine which shall not be less than twenty-five rupees but which may extend to one hundred rupees or with imprisonment for a term which may extend to three months, or with both.]

(2) For the purposes of sub-section (1) an owner shall be deemed to have committed an offence if he has failed to exercise reasonable care and supervision with a view to the prevention of, such offence:

Provided that where on owner is convicted of permitting crue
lty by reason only of ha
ving failed to exercise such care and supervision, he shall not be liable to imprisonment 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 nose-roping of any animal, in the prescribed manner; or

(b) The destruction of stray dogs in lethal chambers or 8[by such other methods as may be prescribed.] or

(c) The extermination or destruction of any animal under the authority of any law for 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 or the preparation for destruction of any animal as food for mankind unless such destruction or preparation was accompanied by the infliction of unnecessary pain or suffering.

——————–

1. Subs. by Act 26 of 1982, S. 10 (a) (i) for the words “employs in any work or labour any animal which, by reason of any disease” .

2. Subs. by Act 26 of 1982; S. I0 (a (ii) for the words “any domestic or captive animal” .

3. Subs. by Act 26 of 1982, S. 10(a)(iii) for the words “any captive animal” .

4. Subs. by Act 26 of 1982; S. 10(a)(iv) for the original clause.

5. Subs. by Act 26 of 1982; S. 10(a)(v) for the original clause.

6. The words “for the purpose of his business” omitted by Act 26 of 1982, S. 10(a)(vi).

7. Subs. by Act 26 of 1982; S. 10(a)(vii) for the portion beginning with the words “in the case of a first offence” and ending with the words “or with both” .

8. Subs. by Act 26 of 1982, S. 10(b), for the words “by other methods with a minimum of suffering.”

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