Do Killing A Pet Animal Is A Criminal Offence?

The Indian scriptures and traditions acknowledge the need to safeguard animals. The laws in India continue to be a means of assuring their safety and existence. The government has repeatedly sought to put in place a strong framework to protect animals from any possible attacks on them.

The Indian Constitution 

  • Under Article 48A of the Constitution, the State must strengthen animals and protect the nation's wildlife. It works to increase the number of animals and make sure they are safe from all attacks.
  • Under Article 51A (g) of the Constitution, Every citizen has a fundamental obligation to preserve and enhance forests and animals, as well as to show compassion for all living things.
  • Under Article 21 of the Constitution, the rights of animals are guaranteed as a result of the court's broad interpretation. In accordance with the legislation of the land, every animal has the right to life and security, and this right is enlarged to encompass not only humans but also animals and birds.

Indian Penal Code

  • Under Section 438 of the Indian Penal Code, anyone who murders, poisons, maims, or renders any animal valued at least ten rupees useless shall be held responsible for their conduct. The offender will receive a two-year sentence in prison, a fine, or both.
  • Under Section 439 of the Indian Penal Code, the protection for particular animals that are most commonly exploited in India is established in this section. According to this Section, anyone found guilty of killing, poisoning, maiming, or rendering useless any elephant, camel, horse, mule, buffalo, bull, cow, or ox valued at more than fifty rupees will face a five-year prison sentence, a fine, or a combination of the two.

Prevention of Cruelty to Animals Act

  • The Act stipulates penalties for violators who subject animals to unnecessary hardship and cruelty in order to spare them from unending misery and pain.
  • The Act also covers the many types of animal cruelty, its exceptions, and the procedure for killing an animal where cruelty has been committed in order to end that animal's suffering.
  • According to Section 11 of the Prevention of Cruelty to Animals Act of 1960, Abandoning any animal or leaving them in a situation where it suffers from famine or thirst, is a criminal offense.

How to Sue Someone for Killing a Pet Animal

Obtaining the Right Evidence – In order to bring a claim to court, you must have documentation of your animal's demise. To do this, look at the circumstances surrounding its death and produce photos of the wounds on its body. Therefore, the lawyers help you in gathering the right evidence at the right time.

Identifying the Witnesses- You should try to get the name and contact information of anyone who saw your pet being killed. You might need to get in touch with them once more if you go to trial. The person who killed the animal is also one of the witnesses. As a result, the testimony of a defendant could be used against them during the court proceedings. The lawyers especially help in cross-examining the defendant’s witnesses in the court trial.

Filing an F.I.R. in the Police Station- They investigate and write a report on the situation. You should also get in touch with the police if you don't know who killed or injured your pet. Unfortunately, before you can bring a case, you must be aware of who this person is. Every suit must identify a defendant. If you don't recognize who injured your pet, perhaps the police can look into it.

You will need a lawyer to make you punished for the charges of killing the pet animal. A Criminal Lawyer in Kolkata can be appointed to help you explain the charges or accusations if you want to punish any person for killing a pet animal in Kolkata.

A Criminal Lawyer in Pune can be appointed to help you explain the charges or accusations if you want to punish any person for killing a pet animal in Pune. Likewise, a Criminal Lawyer in Delhi can be hired to make you explain the charges or accusations the wrongdoer gets punished for the charges of killing a pet animal in Delhi.

Lead India Law provides Online Legal Advice in India Free. You can talk to a lawyer at Lead India Law. At Lead India Law, you can ask questions to experts online for free and receive free legal advice online.

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