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  "title": "PREVENTION OF CRUELTY OF ANIMALS ACT, 1890",
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  "text": "``  \r\nPrevention of Cruelty to Animals \r\n1890: Act XI \r\n \r\nCONTENTS \r\n1. Title, extent and commencement, and supersession of other enactments \r\n2. Definitions \r\n3. Penalty for cruelty to animals and for sale of animals killed with unnecessary \r\ncruelty \r\n 3A. Penalty for overloading animals \r\n4. Penalty for practising phooka \r\n5. Penalty for killing animals with unnecessary cruelty anywhere \r\n 5A. Penalty for being in possession of the skin of a goat killed with unnecessary \r\ncruelty \r\n 5B. Presumptions as to possession of the skin of a goat \r\n6. Penalty for employing anywhere animals unfit for labour \r\n 6A. Interpretation \r\n 6B. Treatment and care of animals \r\n 6C. Penalty for baiting or inciting animals to fight  \r\n7. Penalty for permitting diseased animals to go at large or to die in public places \r\n 7A. Special power of search and seizure in respect of certain offences \r\n8. Search­warrants \r\n9. Limitation for prosecutions \r\n 10. Destruction of suffering animals \r\n 11. Saving with respect to religious rites and usages \r\n 12. Provision supplementary to section 1 with respect to extent of Act \r\n 13. Offence under section 4 to be cognizable \r\n 14. General power of seizure for examination \r\n 15. Power to make rules \r\n 16. Persons authorised under section 14 to be public servants \r\n 17. Indemnity \r\n  \r\nTHE PREVENTION OF CRUELTY TO ANIMALS ACT, 1890 \r\n(XI of 1890) \r\n \r\nTEXT \r\n1\r\nTHE PREVENTION OF CRUELTY TO ANIMALS ACT, 1890 \r\n(XI of 1890) \r\n[22nd March, 1890] \r\nAn \r\nAct \r\nfor the Prevention of Cruelty to Animals. \r\nWHEREAS it is expedient to make further provision for the prevention of cruelty to \r\nanimals;  \r\nIt is hereby enacted as follows:– \r\n1.  Title, extent and commencement, and supersession of other enactments .– (1) \r\nThis Act may be called the Prevention of Cruelty to Animals Act, 1890. \r\n(2)  This section extends to \r\n2\r\n[the whole of Pakistan] : and the \r\n3\r\n[Provincial \r\nGovernment] may, by notification in the official Gazette, extend, on and from a date to be \r\nspecified in the notification, the whole or any part of the rest of this Act to any such local area \r\nas it thinks fit. \r\n(3)  When any part of this Act has been extended under sub­section (2) to a local \r\narea, the \r\n4\r\n[Provincial Government] may, by notification in the offici al Gazette, direct that the \r\nwhole or any part of any other enactment in force in the local area for the prevention of \r\ncruelty to animals shall, except as regards anything done or any offence committed or any \r\nfine or penalty incurred or any proceedings comm enced, cease to have effect in the local \r\narea, and such whole or part shall cease to have effect accordingly until the \r\n5\r\n[Provincial \r\nGovernment], by a like notification, otherwise directs. \r\n(4)  The \r\n6\r\n[Provincial Government] may cancel or vary a notificatio n under \r\nsub­section (2) or sub­section (3). \r\n2.  Definitions.– In this Act, unless there is something repugnant in the subject or \r\ncontext,– \r\n(1)  “animal” means any domestic or captured animal: \r\n7\r\n[*] \r\n                                                \r\n1This Act was published in the Gazette of India, dated: 22 March 1890, pp. 71 -72. For Statement of Objects and Reasons, see \r\nGazette of India, 1890, Part V, p. 4; for Report of the Select Committee, see ibid., p. 95, and for proceedings in Council, see \r\nibid., Part VI, pp. 4, 10 and 62. \r\n2Substituted for the words “all the Provinces and the Capital of the Federation”  by the Central Laws (Statute Reform) \r\nOrdinance, 1960 (XXI of 1960); assented to by the President on 7 June 1960; and, was publi shed in the Gazette of Pakistan \r\n(Extraordinary), dated: 9 June 1960, pp. 725 -845, s. 3 read with the Second Schedule: it came into force on 14 October 1955.  \r\nThey were earlier substituted for the words “the whole of British India” by the Adaptation of Central Acts and Ordinances Order, \r\n1949 (G.G.O. No. 4 of 1949), published in the Gazette of Pakistan (Extraordinary), dated: 28 March 1949, pp. 223-283, Article 3 \r\nread with Article 4. \r\n3Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published \r\nin the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 3 read with the First Schedule. \r\n4Ibid. \r\n5Ibid. \r\n6Ibid. \r\n7The word “and” was omitted by the Prevention of Cruelty to Animals (Amendment) Act, 1938 (XXV of 1938), published in the \r\nGazette of India, dated: 10 December 1938, pp. 157-161,  s. 2. \r\n(2)  “street” includes any way, road, lane, square, court, alley, passage or open \r\nspace, whether a thoroughfare or not, to which the public have access. \r\n 1\r\n[(3) phooka or doom dev includes any process of introducing air or any substance \r\ninto the female organ of a milch animal with the object of drawing off from the animal any \r\nsecretion of milk.] \r\n2\r\n[3. Penalty for cruelty to animals and for sale of animals killed with unnecessary \r\ncruelty.– If any person– \r\n(a) overdrives, beats, or otherwise treats any animal so as to subject it to \r\nunnecessary pain or suffering, or \r\n(b) binds, keeps, carries or consigns for carriage any animal in such manner or \r\nposition as to subject it to unnecessary pain or suffering, or \r\n(c) offers for sale or without reasonable cause has in his posses sion any live \r\nanimal which is suffering pain by reason of mutilation, starvation, thirst, \r\nover­crowding or other ill­treatment, or \r\n(d) offers for sale any dead animal or part of a dead animal which he has reason \r\nto believe has been killed in an unnecessarily cruel manner, or \r\n(e) without reasonable cause abandons any animal in circumstances which \r\nrender it likely that it will suffer pain by reason of starvation or thirst, \r\nhe shall be punished, in the case of a first offence, with fine which may ex tend to fifty \r\nrupees, or with imprisonment for a term which may extend to one month and, in the case of \r\na second or subsequent offence committed within three years of the previous offence, with \r\nfine which may extend to one hundred rupees, or with imprisonm ent for a term which may \r\nextend to three months, or with both.] \r\n3\r\n[3A.  Penalty for overloading animals.– (1) If any person overloads any animal, he shall \r\nbe punished with fine which may extend to fifty rupees, or with imprisonment for a term \r\nwhich may extend to one month. \r\n(2)  If the owner of any animal, or any person who, either as a trader, carrier or \r\ncontractor or by virtue of his employment by a trader, carrier or contractor, is in possession \r\nof, or in control of the loading of, any animal, permits the overloading of such animal, he \r\nshall be punished with fine which may extend to one hundred rupees.] \r\n4\r\n[4.  Penalty for practising phooka.– (1) If any person performs upon any cow or other \r\nmilch animal the operation called phooka or doom dev,  or permits such operation to be \r\nperformed upon any such animal in his possession or under his control, he shall be punished \r\nwith fine which may extend to five hundred rupees, or with imprisonment for a term which \r\nmay extend to two years, or with both, and the animal on which the operation was performed \r\nshall be forfeited to Government: \r\nProvided that in the case of a second or subsequent conviction of a person under this \r\nsection he shall be punished with fine which may extend to five hundred rupees and with  \r\nimprisonment for a term which may extend to two years. \r\n                                                \r\n1Added ibid. \r\n2Substituted ibid., s. 3. \r\n3Inserted ibid., s. 4. \r\n4Substituted by the Prevention of Cruelty to Animals (Amendment) Act, 1938 (XXV of 1938), published in the Gazette of India, \r\ndated: 10 December 1938, pp. 157-161, s. 5. \r\n(2)  A Court may order payment out of any fine imposed under this section of an \r\namount not exceeding one­tenth of the fine to any person other than a police officer or officer \r\nof a society or institut ion concerned with the prevention of cruelty to animals who has given \r\ninformation leading to the conviction.] \r\n5.  Penalty for killing animals with unnecessary cruelty anywhere .– If any person \r\nkills any animal in an unnecessarily cruel manner, he shall be p unished with fine which may \r\nextend to two hundred rupees, or with imprisonment for a term which may extend to six \r\nmonths, or with both. \r\n  1\r\n[5A. Penalty for being in possession of the skin of a goat killed with unnecessary \r\ncruelty.– If any person has in his possession the skin of a goat, and has reason to believe \r\nthat the goat has been killed in an unnecessarily cruel manner, he shall be punished with \r\nfine which may extend to one hundred rupees, or with imprisonment which may extend to \r\nthree months, or with both, and the skin shall be confiscated. \r\n5B.  Presumptions as to possession of the skin of a goat .– If any person is charged \r\nwith the offence of killing a goat contrary to the provisions of section 5, or with an offe nce \r\npunishable under section 5A and it is proved that such person had in his possession, at the \r\ntime the offence was alleged to have been committed, the skin of a goat with any part of the \r\nskin of the head attached thereto, it shall be presumed, until the contrary be pro ved, that \r\nsuch goat was killed in an unnecessarily cruel manner, and that the person in possession of \r\nsuch skin had reason so to believe.] \r\n6.  Penalty for employing anywhere animals unfit for labour .– \r\n2\r\n[* * *] If any person \r\nemploys in any work or labour an y animal which by reason of any disease, infirmity, wound, \r\nsore or other cause is unfit to be so employed, or permits any such unfit animal in his \r\npossession or under his control to be so employed, he shall be punished with fine which may \r\nextend to one hundred rupees. \r\n \r\n3\r\n[(2) * * * * * * * * * * * * * * * * * * \r\n (3) * * * * * * * * * * * * * * * * * * \r\n (4) * * * * * * * * * * * * * * * * * * \r\n (5) * * * * * * * * * * * * * * * * * * \r\n (6) * * * * * * * * * * * * * * * * * *] \r\n 4\r\n[6A.  Interpretation.– For the purposes of sections 3A and 6, an owner or other person in \r\npossession or control of an animal shall be deemed to have permitted an offence if he has \r\nfailed to exercise reasonable care and supervision with a view to the prevention of such \r\noffence, and, for the purposes of section 4, if he fails to prove that he has exercised such \r\ncare and supervision. \r\n6B.  Treatment and care of animals.– (1) The Provincial Government may, by general or \r\nspecial order, appoint infirmaries for the treatment and care of  animals in respect of which \r\noffences against this Act have been committed, and may authorise the detention therein of \r\nany animal pending its production before a Magistrate. \r\n                                                \r\n1Sections 5A and 5B were inserted by the Prevention of Cruelty to Animals (Amendment) Act, 1917 (XIV  of 1917), published in \r\nthe Punjab Gazette, dated: 6 April 1917, p. 84, s. 2. \r\n2The expression “(1)” was omitted by the Prevention of Cruelty to Animals (Amendment) Act, 1938 (XXV of 1938), published in \r\nthe Gazette of India, dated: 10 December 1938, pp. 157-161, s. 6. \r\n3Omitted ibid. \r\n4Sections 6A, 6B and 6C were inserted ibid., s. 7. \r\n(2)  The Magistrate before whom a prosecution for an offence against this Act has \r\nbeen instituted may direct that the animal concerned shall be treated and cared for in an \r\ninfirmary, until it is fit to perform its usual work or is otherwise fit for discharge, or that it shall \r\nbe sent to a pinjrapole, or, if the Veterinary Officer in cha rge of the area in which the animal \r\nis found or such other Veterinary Officer, as may be authorised in this behalf by rules made \r\nunder section 15 certifies that it is incurable or cannot be removed without cruelty, that it \r\nshall be destroyed. \r\n(3)  An anima l sent for care and treatment to an infirmary shall not, unless the \r\nMagistrate directs that it shall be sent to a pinjrapole or that it shall be destroyed, be \r\nreleased from such place except upon a certificate of its fitness for discharge issued by the \r\nVeterinary Officer in charge of the area in which the infirmary is situated or such other \r\nVeterinary Officer as may be authorised in this behalf by rules made under section 15. \r\n(4)  The cost of transporting an animal to an infirmary or pinjrapole, and of its \r\nmaintenance and treatment in an infirmary , shall be payable by the owner of the animal in \r\naccordance with a scale of rates to be prescribed by the District Magistrate \r\n1\r\n[* * * * * * * * * * * \r\n* *]: \r\nProvided that when the Magistrate so order s, on account of the poverty of the owner of \r\nthe animal, no charge shall be payable for the treatment of the animal. \r\n(5)  If the owner refuses or neglects to pay such cost or to remove the animal within \r\nsuch time as a Magistrate may prescribe, the Magistrate may direct tha t the animal be sold \r\nand that the proceeds of the sale be applied to the payment of such cost. \r\n(6)  The surplus, if any, of the proceeds of such sale shall, on application made by the \r\nowner within two months from the date of the sale, be paid to him. \r\n6C.  Penalty for baiting or inciting animals to fight.– If any person– \r\n(a) incites any animal to fight, or \r\n(b) baits any animal, or \r\n(c) aids or abets any such incitement or baiting, \r\nhe shall be punished with fine which may extend to fifty rupees. \r\nException.– It shall not be an offence under this section to incite animals to fight if such \r\nfighting is not likely to cause injury or suffering to such animals and all reasonable \r\nprecautions are taken to prevent injury or suffering from being so caused.] \r\n7.  Penalty fo r permitting diseased animals to go at large or to die in public \r\nplaces.– If any person wilfully permits any animal of which he is the owner \r\n2\r\n[or is in charge] \r\nto go at large in any street while the animal is affected with contagious or infectious disease, \r\nor without reasonable excuse permits any diseased or disabled animal of which he is the \r\nowner \r\n3\r\n[or is in charge] to die in any street, he shall be pun ished with fine which may extend \r\nto one hundred rupees \r\n4\r\n[where he is the owner of the animal, or to fifty rupees where he is in \r\ncharge of but not the owner of the animal]. \r\n                                                \r\n1The expression “or, in the Presidency­towns, by the Commissioner of Police” was omitted by the Adaptation of Central Acts \r\nand Ordinances Order, 1949 (G.G.O. No. 4 of 1949), published in the Gazette of Pakistan (Extraordinary), dated: 28 March \r\n1949, pp. 223-283, Article 3 read with the Schedule. \r\n2Inserted by the Prevention of Cruelty to Animals (Amendment) Act, 1938 (XXV of 1938), published  in the Gazette of India, \r\ndated: 10 December 1938, pp. 157-161, s. 8. \r\n3Ibid. \r\n4Added ibid. \r\n 1\r\n[7A.  Special power of search and seizure in respect of certain offences.– 2\r\n[(1)] If a \r\npolice­officer, not below the rank of sub­inspector, has reason to believe that an offence , \r\nunder section 5 in respect of a goat, is being or is about to be, or has been, committed in any \r\nplace, or that any person has in his possession the skin of a goat with any part of the skin of \r\nthe head attached thereto, he may enter and search such place or any place in which he has \r\nreason to believe any such skin to be, and may seize any such skin and any article or thing \r\nused or intended to be used in the commission of such offence.] \r\n3\r\n[(2)  If a police officer, not below the rank of sub­inspector, or any person specially \r\nauthorised by the Provincial Government in this behalf has reason to believe that phooka or \r\ndoom dev  has just been or is being performed on any animal within the limits of his \r\njurisdiction, he may enter any place in which he has reason to believe such animal to be, \r\nand may seize the animal and produce it for examination by the Veterinary Officer in charge \r\nof the area in which the animal is seized.] \r\n8.  Search­warrants.– (1) If a Magistrate of the first \r\n4\r\n[or second class, \r\n5\r\n[* *] , ], \r\nSub­divisional Magistrate, \r\n6\r\n[* * *]  or District Superintendent of Police, upon information in \r\nwriting and after such inquiry as he thinks necessary, has reason to believe that an offence \r\n7\r\n[against this Act]  is being or is about to be or has been committed in any place, he may \r\neither himself enter and search or by his warrant authorise any police­ officer \r\n8\r\n[not below the \r\nrank of sub­inspector] to enter and search the place. \r\n(2)  The provisions of the Code of Criminal Procedure, 1882\r\n9\r\n relating to searches \r\nunder that Code shall, so far as those provisions can be made applicable, apply to a search \r\nunder sub­section (1) \r\n10\r\n[or under section 7A]. \r\n9.  Limitation for prosecutions.– A prosecution for an offence against this Act shall not \r\nbe ins tituted after the expiration of three months from the date of the commission of the \r\noffence. \r\n10.  Destruction of suffering animals .– 11\r\n[(1)] When any Magistrate, \r\n12\r\n[* * *] or District \r\nSuperintendent of P olice has reason to believe that an offence against this Act has been \r\n                                                \r\n1Inserted by the Prevention of Cruelty to Animals (Amendment) Act, 1917 (XIV of 1917), published in the Punjab Gazette, \r\ndated: 6 April 1917, p. 84, s. 3. \r\n2Renumbered by the Prevention of Cruelty to Animals (Amendment) Act, 1938 (XXV of 1938), published in the Gazette of India, \r\ndated: 10 December 1938, pp. 157-161, s. 9. \r\n3Added ibid. \r\n4Substituted ibid., for the word “class”, s. 10. \r\n5The words “Presidency Magistrate” were omitted by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. No. 4 \r\nof 1949), published in the Gazette of Pakistan (Extraordinary), dated: 28 March 1949, pp. 223 -283, Article 3 read with the \r\nSchedule. \r\n6The words “Commissioner of Police” were omitted ibid. \r\n7Substituted for the expression “against section 4, section 5 or section 6” by the Prevention of Cruelty to Animals (Amendment) \r\nAct, 1938 (XXV of 1938), published in the Gazette of India, dated: 10 December 1938, pp. 157-161, s. 10. \r\n8Substituted ibid., for the words “above the rank of a constable”, s. 10. \r\n9X of 1882. Now the Code of Criminal Procedure, 1898 (V of 1898). \r\n10Added by the Prevention of Cruelty to Animals (Amendment) Act, 1917 (XIV of 1917), published in the Punjab Gazette, dated: \r\n6 April 1917, p. 84, s. 4. \r\n11Re­numbered by the Prevention of Cruelty to Animals (Amendment) Act, 1938 (XXV of 1938), published in the Gazette of \r\nIndia, dated: 10 December 1938, pp. 157-161, s. 11. \r\n12The words “Commissioner of Police” were omitted by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. 4 \r\nNo. of 1949), published in the Gazette of Pakistan (Extraordinary), dated: 28 March 1949, pp. 223 -283, Article 3 read with the \r\nSchedule. \r\ncommitted in respect of any animal, he may direct the immediate destruction of the animal if \r\nin his opinion its sufferings are such as to render such a direction proper. \r\n1\r\n[(2) Any police officer above the rank of a constable who finds any animal so \r\ndiseased, or so severely injured, or in such a physical condition that it cannot, in his opinion, \r\nbe removed without cruelty, may, if the owner is absent or refuses to consent to the \r\ndestruction of the animal, forthwith summon the Veterinary Officer in charge of the area in \r\nwhich the animal is found and , if the Veterinary Officer certifies that the animal is mortally \r\ninjured, or so severely injured or in such a physical condition that its destruction is desirable, \r\nthe police officer may, after obtaining orders from a Magistrate, destroy the anim al or cause \r\nit to be destroyed.] \r\n11.  Saving with respect to religious rites and usages .– Nothing in this Act shall \r\nrender it an offence to kill  any animal in a manner required by the religion or religious rites \r\nand usages of any race, sect, tribe or class. \r\n12.  Provision supplementary to section 1 with respect to extent of Act .– \r\nNotwithstanding anything in section 1, section s \r\n2\r\n[4 and 13, sections  9 and 10, and sections \r\n6A, 7A, 8 and 15 so far as they relate to offences under section 4] shall extend to every local \r\narea in which any section of this Act constituting an offence is for the time being in force. \r\n 3\r\n[13.  Offence under section 4 to be cogn izable.– Notwithstanding anything \r\ncontained in the Code of Criminal Procedure, 1898 (V of 1898), an offence punishable under \r\nsection 4 shall be a cognizable offence within the meaning of that Code. \r\n14.  General power of seizure for examination .– Any police officer above the rank of a \r\nconstable or any person authorised by the Provincial Government in this behalf, who has \r\nreason to believe that an offence against this Act has been or is being committed in respect \r\nof any animal, may, if in his opini on the circumstances so require, seize the animal and \r\nproduce the same for examination by the nearest Magistrate or by such Veterinary Officer as \r\nmay be designated in this behalf by rules made un der section 15; and such police officer or \r\nauthorised person may, when seizing the animal, require the person in charge thereof to \r\naccompany it to the place of examination. \r\n15.  Power to make rules .– (1) The Provincial Government may, by notification in the \r\nofficial Gazette, and subject to the condition of previous publication, make rules to carry out \r\nthe purposes of this Act. \r\n(2)  In particular, and without prejudice to the generality of the foregoing power, \r\nthe Provincial Government may make rules– \r\n(a) prescribing the maximum weight of loads to be carried or drawn by \r\nany animal; \r\n(b) prescribing conditions to prevent the over­crowding of animals; \r\n(c) prescribing the period during which, and the hours between which, \r\nbuffaloes shall not be used for draught purposes; \r\n(d) prescribing the purposes to which fines realized under this Act may be \r\napplied, including such purposes as the maintenance of infirmaries, \r\npinjrapoles, and veterinary hospitals; \r\n                                                \r\n1Added by the Prevention of Cruelty to Animals (Amendment) Act, 1938 (XXV of 1938), pu blished in the Gazette of India, \r\ndated: 10 December 1938, pp. 157-161, s. 11. \r\n2Substituted ibid., for the expression “9, 10 and 11”, s. 12. \r\n3Sections 13 to 17 were added ibid., s. 13. \r\n(e) prohibiting the use of any bit or harness involving cruelty; \r\n(f) requiring persons carrying on the business of a farrier to be licensed \r\nand registered; \r\n(g) requiring persons owning, or in charge of, premises in which animals \r\nare kept or milked to register such premises, to comply with \r\nprescribed conditions as to the boundary wal ls or surroundings of \r\nsuch premises, to permit their inspection for the purpose of \r\nascertaining whether any offence against section 4 is being, or has \r\nbeen, committed therein, and to expose in such premises copies of \r\nsection 4 of this Act in a language or languages commonly understood \r\nin the locality; and \r\n(h) prescribing the manner in which cattle may be impounded in any place \r\nappointed for the purpose, so as to secure the provision of adequate \r\nspace, food and water. \r\n(3)  If any person contravenes, or abets the contravention of, any rule made under \r\nthis section, he shall be punished with fine which may extend to fifty rupees. \r\n16.  Persons authorised under section 14 to be public servants .– Every person \r\nauthorised by the Provincial Government under section 14  shall be deemed to be a public \r\nservant within the meaning of section 21 of the Indian Penal Code\r\n1\r\n. \r\n17.  Indemnity.– No suit, prosecution or other legal proceeding shall lie against any \r\nperson who is, or who is deemed to be, a public servant within the meaning of section 21 of \r\nthe Indian Penal Code\r\n2\r\n, in respect of any thing in good faith done or intended to be done \r\nunder this Act.] \r\n \r\n                                                \r\n1XLV of 1860. Now the Pakistan Penal Code because the word “Indian” deemed to be substituted  by virtue of its substitution \r\nfor the word “Pakistan” of the said word in the “short title”  of the Indian Penal Code by the Adaptation of Central Acts and \r\nOrdinances Order, 1949 (G.G.O. No. 4 of 1949), published in the Gazette of Pakistan (Extraordinary), dated: 28 March 1949, \r\npp. 223-283, Article 3 read with the Schedule. \r\n2Ibid.",
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