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Sukanya Berwal,
Commissioner of Education,
Scouts & Guides for Animals & Birds
Naresh Kadyan, Member: IUCN Commission on Education & Communication
Flora is the plant life occurring in a particular region or time,
generally the naturally occurring or indigenous - native plant
life. The corresponding term for animal life is fauna. Flora,
fauna and other forms of life such as fungi are collectively
referred to as biota

Fauna is all of the animal life present in a particular region or

time. The corresponding term for plants is flora. Flora, fauna
and other forms of life such as fungi are collectively referred
to as biota
Article 51 A (g) of the Constitution of India 1949: to protect and improve the
natural environment including forests, lakes, rivers and wild life, and to have
compassion for living creatures.
Directive Principles of State Policy: Article 48 : Organisation of agriculture and animal
husbandry - The State shall endeavour to organise agriculture and animal husbandry
on modern and scientific lines and shall, in particular, take steps for preserving and
improving the breeds, and prohibiting the slaughter, of cows and calves and other milch
and drought cattle
Difference between Cognizable offenses and Non-Cognizable offenses:
If a Cognizable offense has been committed, a Police Officer can investigate
without the Magistrate’s permission and arrest without warrant.

Cognizable Offenses- Non- Cognizable Offenses-

• Section 2 (c) of the Code of Criminal Procedure 1973 • Section 2 (l) of CrPc says, that non-cognizable offenses
says, that cognizable offenses or cognizable cases are or cases are those under which a police officer cannot
those under which a police officer can arrest without an arrest without a warrant.
arrest warrant.
• Non-Cognizable offenses are those which are not much
• Cognizable offenses are those offenses which are serious serious in nature. Example- Assault, Cheating, Forgery,
in nature. Example- Murder, Rape, Dowry Death, Defamation.
Kidnapping, Theft, Criminal Breach of Trust,
Unnatural Offenses.
• Section 155 of CrPc provides that in a non-cognizable
offense or case, the police officer cannot receive or
• Section 154 of CrPc provides, that under a Cognizable record the FIR unless he obtains prior permission from
offense or case, The Police Officer has to receive the the Magistrate.
First Information Report (FIR) relating to the
cognizable offense, which can be without the
• Under a Non-Cognizable offense / case, in order to start
the investigation, it is important for the police officer to
Magistrate’s permission and enter it in the General
obtain the permission from the Magistrate.
Diary and immediately start the investigation.
" "
means any living creature other than a human being.
Bovines, Caprines, Ovines, Suillines, and this includes
Poultry and Fish can be slaughtered for human
Duties of persons having Charge of animals, as per section 3 of the
Prevention of Cruelty to Animals Act, 1960:
It shall be the duty of every person having the care or charge of any
animal to take all reasonable measures to ensure the well-being of such
animal and to prevent the infliction upon such animal of unnecessary
pain or suffering.
As per section 31:
Cognizability of offence:- Not with standing anything contained in the
Code of Criminal Procedure, an offence punishable under clause (1)
clause (n) or clause (o) of sub-section (1) of section II or under section 12
shall be a cognizable offence within the manner of that Code.
Prevention of Cruelty to Animals Act, 1960

• Section 31: Code of Criminal • Section 38-A: Rules and regulations

Procedure, 1898 (5 of 1898) to be laid before Parliament. Every
replaced by CrPC 1973 rule made by the Central
Government or by the Committee
constituted under section 15 and
every regulation made by the Board
shall be laid, as soon as may be
after it is made, before each House
of Parliament.
IPC Section 47 of the Indian Penal Code
The word “animal” denotes any living creature, other than a human being.

Section 43 in the Code of Criminal Procedure, 1973

Arrest by private person and procedure on such arrest.
•Any private person may arrest or cause to be arrested any person who in his presence commits a non-
bailable and cognizable offence, or any proclaimed offender, and, without unnecessary delay, shall make
over or cause to be made over any person so arrested to a police officer, or, in the absence of a police
officer, take such person or cause him to be taken in custody to the nearest police station.
If there is reason to believe that such person comes under the provisions of section 41, a police officer
shall re- arrest him.
If there is reason to believe that he has committed a non- cognizable offence, and he refuses on the
demand of a police officer to give his name and residence, or gives a name or residence which such officer
has reason to believe to be false, he shall be dealt with under the provisions of section 42; but if there is no
sufficient reason to believe that he has committed any offence, he shall be at once released.
As per section 34 of the Prevention of Cruelty to Animals Act, 1960:
General Power of seizure for examination:- Any police officer above the rank of a constable or
any person authorized by the State Government in this behalf, who has reason to believe that an
offence against this Act has been or has being , committed in respect of any animal, may if in his
opinion the circumstances so require, seize the animal and produce the same for examination by
the nearest Magistrate or by veterinary officer as may be prescribed, and such police officer or
authorized person may, when seizing the animal, require the person in charge there of to
accompany it to the examination.

Proof of burden:
Either on accused or Prosecution
Scouting for animals & birds:
•To move complaint before Sub Divisional Magistrate, u/s 133 CrPC
•To move complaint before Civil Court for Mandatory Injections
Exemptions under Prevention of Cruelty to Animals Act, 1960:

Section 11 (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.
Section 27: Exemptions - Nothing contained in this Chapter shall apply to
(a) the training of animals for born fide military or police purpose or the exhibition of
any animals so trained ; or
(b) any animals kept in any zoological garden or by any society or association which
has for its principal object the exhibition of animals for educational or scientific
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.
Limitation of prosecutions, as per section 36:
A prosecution for an offence against this Act shall not be
instituted after the expiration of three months from the date
of the commission of the offence.

Delegation of powers, as per section 37:

The Central Government may, by notification in the official
Gazette, direct that all or any of the powers exercisable by it
under this Act, may, subject to such conditions as it may
think fit to impose, be also exercised by any State
Difference between bailable and non
bailable offence
• In case of bailable offence, the
grant of bail is a matter of right.
• A non-bailable offence is one in
which the grant of Bail is not a
It may be either given by a matter of right. Here the
police officer who is having the Accused will have to apply to
custody of Accused or by the the court, and it will be the
court. The accused may be discretion of the court to grant
released on bail, on executing a Bail or not.
“bail bond", with or without
furnishing sureties.
A First Information Report (FIR) is a written document prepared
by police, when they receive information about the commission of a
cognizable offence. It is generally a complaint lodged with the police
by the victim of a cognizable offense or by someone on his or her
behalf, but anyone can make such a report either orally or in
writing to the police.

According to the law, a Zero FIR can be filed in any police station
by the victim, irrespective of their residence or crime place. Even if
you are away from the place of incident or are unaware of the right
jurisdiction, you can successfully file an FIR in any police station.
This type of FIR is termed as a Zero FIR.
Ingredients of Section 153 A of IPC:
•The act of promoting enmity between different groups on grounds of religion, race, place of birth,
residence, language, caste, community or any other group.
• Acts prejudicial to the maintenance of harmony between different groups or castes or communities, if
the acts disturb public tranquility.
• Acts causing fear or alarm or a feeling of insecurity among members of any religious, racial, language or
regional group or caste or community by use of criminal force or violence against them.

Ingredients of Section 295 A of IPC:

• The accused must insult or attempt to insult the religion or religious beliefs of any class of citizens of
• The said insult must be with a deliberate and malicious intention of outraging the religious feelings of the
said class of citizens.
• The said insult must be by words, either spoken or written, by signs or by visible representation or
• The offence under Section 295-A is cognizable and a non-bailable and non-compoundable offence.
• The police have a power under to arrest a person charged under Section 295-A without a warrant.
Section 268 of IPC
Public nuisance:

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 occasion to use any public right. A common nuisance is not excused on the ground that it causes
some convenience or advantage.
Section 289 of IPC
Negligent conduct with respect to animal:

Whoever knowingly or negligently omits to take such order with any animal in his possession as is
sufficient to guard against any probable danger to human life, or any probable danger of grievous hurt
from such animal, shall be punished with imprisonment of either description for a term which may extend
to six months, or with fine which may extend to one thousand rupees, or with both.
Section 409 IPC
Criminal breach of trust by public servant, or by banker, merchant or
agent.—Whoever, being in any manner entrusted with property, or
with any dominion over property in his capacity of a public servant or
in the way of his business as a banker, mer-chant, factor, broker,
attorney or agent, commits criminal breach of trust in respect of that
property, shall be punished with 1[imprisonment for life], or with
imprisonment of either descrip-tion for a term which may extend to
ten years, and shall also be liable to fine.
Section 428 of IPC
Mischief by killing or maiming animal of the value of ten rupees:
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 of IPC

Mischief by killing or maiming cattle, etc., of any value or any animal of the value of fifty rupees:
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.
Five liberties of animals, as
upheld by the Supreme Court
of India read with section 3
of the PCA Act, 1960
• Freedom from hunger or
• Freedom from discomfort.
• Freedom from pain, injury or
• Freedom to express (most)
normal behaviour.
• Freedom from fear and
• Theoretical • Practical with field training to
implement laws with the help of
local Police.
• Make a animal welfare group.
• Rescue – adoption of abused
animals, restoring 5 freedoms.
• Complaints : Mandatory Injection
• Certificate distribution.