Animal protection is made a fundamental obligation by the Indian Constitution. Additionally, a number of laws pertaining to animal welfare have been passed, including the Prevention of Cruelty to Animals Act and the Wildlife Protection Act at the federal level.
It is every Indian citizen's responsibility to preserve and maintain the environment as a whole, especially forests, rivers, lakes, and animals, as well as to have empathy for all living things, according to Article 51A(g) of our Indian Constitution.
The State shall endeavour to safeguard and enhance the environment as well as preserve the nation's forests and wildlife, according to Article 48A of the Indian Constitution.
Punishment for Killing Animals in India
Wildlife Protection Act (1972)
This act prohibits any damage to trees or wild animals under Section 39.
The term "animals" refers to mammals, birds, reptiles, amphibians, and their offspring. Even their eggs fall under this category in the context of birds and reptiles. The "vermin" as specified in Section 5 are the exceptions. There is a list of non-human creatures that each state considers vermin.
Punishment- For those found guilty of violating this Act, the penalty is either three years in prison, a fine of 25,000 rupees or both. If it is your second crime, you will serve seven years in prison and pay a 10,000 rupees fine.
Prevention of Cruelty to Animals Act (1960)
Section 11(a) to Section 11 (o) defines what constitutes cruelty. But these are not limited to-
Abuse of a person's own pet animal
Inhumane killing
Cruelty in transportation
Tail Docking
Inhumane treatment of animals, even those intended for slaughter
Ear Docking
Most violations of Section 11 are non-cognizable, meaning an arrest warrant must be obtained from a judicial officer before the offender can be taken into custody. Although they fall within the definition of cognizable offences (under Section 31 of the Act), offences under Section 11 Subsection 1 Clauses (i), (n), and (o) allow for the arrest of a suspect without a warrant.
Punishment- The offender will be required to pay a fine of up to fifty rupees. In the situation of a second offence, the offender will be subject to a fine of at least twenty-five rupees which extend up to one hundred rupees, jail time of up to three months or both.
Indian Penal Code (1860)
Section 428 of IPC states simple or severe imprisonment for a maximum of two years, a fine, or both are acceptable penalties for murdering, poisoning, maiming, or putting useless any animal or animals worth at least ten rupees.
Section 429 of IPC states simple or severe imprisonment for a maximum of five years, a fine, or both are acceptable penalties for murdering, poisoning, maiming, or making useless any animal or animals worth fifty rupees or more, which covers all livestock and beasts of burden by default.
Role of Judiciary
In the case of State of Bihar v Murad Ali Baig, the Wildlife Protection Act of 1972 was involved in this case. It examined the issue of whether elephant hunting was legal under the principles of the Indian Penal Code and the fundamental needs of the Wildlife Protection Act. In accordance with Section 2(16) of the Act, the term "hunting" has been defined. The Supreme Court ruled that since elephants are among the animals on Schedule I's list and range, it is safe to assume that killing elephants is prohibited.
Therefore, you will need the help of lawyers to save you from getting imprisoned for killing any animal which is a serious offense. If you need the help of lawyers to get bail in the case of animal killing in Noida, then Bail lawyers in Noida can be hired, and if you need the help of lawyers to get bail in the case of animal killing in Faridabad, then Bail lawyers in Faridabad can be hired. Similarly, Bail lawyers in Delhi can be employed if you need the help of lawyers to get bail in the case of animal killing in Delhi.
At Lead India Law, you can consult and talk to lawyers there. You can obtain free legal advice online as well as ask a legal question online for free to lawyers for consultation at Lead India.
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