PCA Act 11Chapter III · Cruelty to Animals Generally
Section 11 · Treating animals cruelly
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(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 causes 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;
(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 any 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 ill-treatment; or
4[(l) multilates any animal or kills any animal (including stray dogs) 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*** organises, 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 to 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 an owner is convicted of permitting cruelty by reason only of having 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.
STATE AMENDMENTS
Karnataka
Amendment of section 11.--In section 11 of the principal Act, in sub-section (3), after clause (e), the following shall be inserted, namely:--
"(f) the conduct of "Kambala" with a view to follow and promote tradition and culture and ensure preservation of native breed of buffalos as also their safety, security and wellbeing.
(g) the conduct of "Bulls race or Bullock cart race" with a view to follow and promote tradition and culture and ensure preservation of native breed of cattle as also their safety, security and wellbeing."
[Vide Karnataka Act 2 of 2018, s. 4].
Maharashtra.--
Amendment of section 11 of 59 of 1960.--In section 11 of the principal Act, in sub-section (3), after clause (c), the following clause shall be inserted, namely:--
“(c-1) the conduct of bullock cart race in accordance with the provisions of sub-section (2) of section 3 or participation therein with a view to follow and promote tradition and culture and ensure preservation of native breeds of bulls as also their purity, safety, security and well being; or”.
[Vide Maharashtra Act 45 of 2017, s. 4].
(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 causes 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;
(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 any 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 ill-treatment; or
4[(l) multilates any animal or kills any animal (including stray dogs) 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*** organises, 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 to 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 an owner is convicted of permitting cruelty by reason only of having 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.
STATE AMENDMENTS
Karnataka
Amendment of section 11.--In section 11 of the principal Act, in sub-section (3), after clause (e), the following shall be inserted, namely:--
"(f) the conduct of "Kambala" with a view to follow and promote tradition and culture and ensure preservation of native breed of buffalos as also their safety, security and wellbeing.
(g) the conduct of "Bulls race or Bullock cart race" with a view to follow and promote tradition and culture and ensure preservation of native breed of cattle as also their safety, security and wellbeing."
[Vide Karnataka Act 2 of 2018, s. 4].
Maharashtra.--
Amendment of section 11 of 59 of 1960.--In section 11 of the principal Act, in sub-section (3), after clause (c), the following clause shall be inserted, namely:--
“(c-1) the conduct of bullock cart race in accordance with the provisions of sub-section (2) of section 3 or participation therein with a view to follow and promote tradition and culture and ensure preservation of native breeds of bulls as also their purity, safety, security and well being; or”.
[Vide Maharashtra Act 45 of 2017, s. 4].
The offence at a glance
- Punishment
- up to 3 years, fine up to Rs 100
- Cognizable
- Non-cognizable
- Bailable
- Bailable
- Compoundable
- Not compoundable
- Triable by
- Any Magistrate
- Non-cognizable — Police cannot investigate without a Magistrate's order
- Bailable — Bail is your right — it can be granted at the police station
Sub-sections of this section carry different penalties; the maximum is shown.
Derived from the First Schedule Part II rule — not listed section by section
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