Smt.

Sukanya Berwal,
Member: IUCN Commission on Education & Communication
Commissioner of Education,
Scouts & Guides for Animals & Birds
Baby Viyana Berwal, Brand Ambassador
PMOPG/E/2023/0051793
Remembering great visionary parents
Late Chaudhary Om Parkash Kadyan with Smt. Prem Kaur Dhankar
 Fundamental duties:
It shall be the duty of every citizen of India:
• (a) to abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem.
• (b) to cherish and follow the noble ideals which inspired our national struggle for freedom.
• (c) to uphold and protect the sovereignty, unity and integrity of India.
• (d) to defend the country and render national service when called upon to do so.
• (e) to promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious,
linguistic and regional or sectional diversities, to renounce practices derogatory to the dignity of women.
• (f) to value and preserve the rich heritage of our composite culture.
• (g) to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion
for living creatures.
• (h) to develop the scientific temper, humanism and the spirit of inquiry and reform.
• (i) to safeguard public property and to abjure violence.
• (j) to strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to
higher levels of endeavour and achievement.
• (k) who is a parent or guardian to provide opportunities for education to his child or, as the case may be, ward between
the age of six and fourteen years.
 FREEDOMS OF ANIMAL
SLP (C) No.11686 of 2007
• (i) Freedom from hunger, thirst and
Chapter 7.1.2 of the malnutrition;
guidelines of OIE, • (ii) Freedom from fear and distress;
• (iii) Freedom from physical and
recognizes five thermal discomfort;
Internationally • (iv) Freedom from pain, injury and
disease; and
recognized freedoms • (v) Freedom to express normal
patterns of behaviour.
for animals, such as:
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
 Indian Penal Code, 1860:
As per section 47: “Animal" denotes any
living creature, other than a human being.

Prevention of Cruelty to Animals Act, 1960:

As per section 2 (a): “Animal" means any living
creature other than a human being.
 Rule 3 of the Veterinary Council of India (Standard of
Professional Conduct, Etiquette and Code of Ethics, for
Veterinary Practitioners) Regulations, 1992.
Declaration and oath by a Veterinarian:
Being admitted to the profession of veterinary medicine.
• I solemnly swear to use my scientific knowledge find skills for the benefit of society
through the protection of animal health, the relief of animal suffering, the
conservation of livestock, resources, the promotion of public health, and the
advancement of knowledge in veterinary science.
• I shall practise ray profession conscientiously, with dignity, and in keeping with the
principles of veterinary medical ethics,
• I accept as a lifelong obligation the continuous improvement of my professional
knowledge and competence.
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
says, that cognizable offenses or cognizable cases are
those under which a police officer can arrest without an
arrest warrant.
• Cognizable offenses are those offenses which are serious
in nature. Example- Murder, Rape, Dowry Death,
Kidnapping, Theft, Criminal Breach of Trust,
Unnatural Offenses.
• Section 154 of CrPc provides, that under a Cognizable
offense or case, The Police Officer has to receive the
First Information Report (FIR) relating to the
cognizable offense, which can be without the
Magistrate’s permission and enter it in the General
Diary and immediately start the investigation.
• Section 2 (l) of CrPc says, that non-cognizable offenses
or cases are those under which a police officer cannot
arrest without a warrant.
• Non-Cognizable offenses are those which are not much
serious in nature. Example- Assault, Cheating, Forgery,
Defamation.
• Section 155 of CrPc provides that in a non-cognizable
offense or case, the police officer cannot receive or
record the FIR unless he obtains prior permission from
the Magistrate.
• Under a Non-Cognizable offense / case, in order to start
the investigation, it is important for the police officer to
obtain the permission from the Magistrate.
 Border Security Force Act, 1968
Section 33: Injury to property –
Any person subject to this Act who commits any of the following offences, that is to say, -
• (a) destroys or injures any property mentioned in clause (a) of section 32, or any property
• belonging to any Force mess, band or institution, or to any person subject to this Act; or
• (b) commits any act which causes damage to, or destruction of, any property of the Government by fire; or
• (c) kills, injures, makes away with, ill-treats or loses any, animal entrusted to him, shall, on conviction by a
Security Force Court, be liable, if he has acted willfully to suffer imprisonment for a term which may
extend to ten years or such less punishment as is in this Act mentioned; and if he has acted without
reasonable excuse, to suffer imprisonment for a term which may extend to five years or such less
punishment as is in this Act mentioned.
 Air Force Act, 1950
Section 55: Injury to property - Any person subject to this Act who commits any of the following offences,
that is to say, -
• (a) destroys or injures any property mentioned in clause (a) of section 54, or any property belonging to
any military, naval or air force mess, band or institution, or to any person subject to military, naval or air
force law, or serving with, or attached to the Air Force, or;
• (b) commits any act which causes damage to, or destruction of, any property of the Government by fire;
• (c) kills, injures, makes away with, ill-treats or loses any animal entrusted to him;
shall, on conviction by court-martial, be liable, if he has acted willfully, to suffer imprisonment for a term
which may extend to fourteen years or such less punishment as is in this Act mentioned; and if he has acted
without reasonable excuse to suffer imprisonment for a term which may extend to seven years or such less
punishment as is in this Act mentioned.
 Army Act, 1950
Section 55: Injury to property - Any person subject to this Act who commits any of the following
offences, that is to say, -
• (a) destroys or injures any property mentioned in clause (a) of section 54 or any property
belonging to any military, naval or air force mess, band or institution, or to any person subject
to military, naval or air force law, or serving with, or attached to, the regular Army; or
• (b) commits any act which causes damage to, or destruction of, any property of the
Government by fire; or
• (c) kills, injures, makes away with, ill-treats or loses any, animal entrusted to him;
shall, on conviction by court-martial, be liable, if he has acted willfully, to suffer imprisonment
for a term which may extend to fourteen years or such less punishment as is in this Act
mentioned; and if he has acted without reasonable excuse, to suffer imprisonment for a term
which may extend to seven years or such less punishment as is in this Act mentioned.
 Assam Rifles Act, 2006
Section 42: Injury to property - Any person subject to this Act who commits any of the following
offences, that is to say, -
• (a) destroys or injures any property mentioned in clause (a) of section 41 or any property
belonging to any Force mess, band or institution, or to any person subject to this Act; or
• (b) commits any act which causes damage to, or destruction of, any property of the Government
by fire; or
• (c) kills, injures, makes away with, ill-treats or loses any animal entrusted to him,
shall, on conviction by an Assam Rifles Court, be liable, if he has acted willfully, to suffer
imprisonment for a term which may extend to ten years or such less punishment as is in this Act
mentioned; and if he has acted without reasonable excuse, to suffer imprisonment for a term which
may extend to five years or such less punishment as is in this Act mentioned.
 Indo-Tibetan Border Police Force Act, 1992
Section 36: Injury to property - Any person subject to this Act who commits any of the following
offences,that is to say,-
• (a) destroys or injures any property mentioned in clause (a) of section 35, or any property
belonging to any Force mess, band or institution, or to any person subject to this Act; or
• (b) commits any act which causes damage to, or destruction of, any property of the Government
by fire; or
• (c) kills, injures, makes away with, ill-teats or loses any, animal entrusted to him,
shall, on conviction by a Force Court, be liable, if he has acted willfully, to suffer imprisonment for
a term which may extend to ten years or such less punishment as is in this Act mentioned; and if he
has acted without reasonable excuse, to suffer imprisonment for a term which may extend to five
years or such less punishment as is in this Act mentioned.
 National Security Guard Act, 1986
Section 32: Injury to property - Any person subject to this Act who commits any of the following
offences, that is to say,-
• (a) destroys or injures any property mentioned in clause (a) of section 31, or any property
belonging to any Security Guard mess, band or institution, or to any person subject to this Act;
• (b) commits any act which causes damage to, or destruction of, any property of the Government
by fire or in any other manner whatever;
• (c) kills, injures, makes away with, ill-treats or loses, any animal entrusted to him,
shall, on conviction by a Security Guard Court, be liable, if he has acted willfully, to suffer
imprisonment for a term which may extend to ten years or such less punishment as is in this Act
mentioned; and if he has acted without reasonable excuse, to suffer imprisonment for a term
which may extend to five years or such less punishment as is in this Act mentioned.
 Sashastra Seema Bal Act, 2007
Section 36: Any person subject to this Act who commits any of the following offences, namely -
• (a) destroys or injures any property mentioned in clause (a) of section 35, or any property
belonging to any Force mess, band or institution, or to any person subject to this Act; or
• (b) commits any act which causes damage to, or destruction of, any property of the Government
by fire;
• (c) kills, injures, makes away with, ill-treats or loses, any animal entrusted to him,
shall, on conviction by a Force Court, be liable, if he has acted willfully, to suffer imprisonment for
a term which may extend to ten years or such less punishment as is in this Act mentioned; and if
he has acted without reasonable excuse, to suffer imprisonment for a term which may extend to
five years or such less punishment as is in this Act mentioned.
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 32: • Section 38-A: Rules and regulations

Power of search and seizure
• Section 34:
General power of seizure for
examination
to be laid before Parliament. Every
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.
 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
purpose.
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 Government.
 Difference between bailable and non
bailable offence
BAILABLE OFFENCE:
NON BAILABLE OFFENCE:
• In case of bailable offence, the grant
of bail is a matter of right. It may be • A non-bailable offence is one in
either given by a police officer who is which the grant of Bail is not a
having the custody of Accused or by matter of right. Here the Accused
the court. The accused may be will have to apply to the court, and
released on bail, on executing a “bail it will be the discretion of the court
bond", with or without furnishing to grant Bail or not.
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
India.
• 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
otherwise.
• 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.
 324 IPC
Voluntarily causing hurt by dangerous weapons or means

• Whoever, except in the case provided for by section 334, voluntarily

causes hurt by means of any instrument for shooting, stabbing or
cutting, or any instrument which, used as a weapon of offence, is
likely to cause death, or by means of fire or any heated substance, or
by means of any poison or any corrosive substance, or by means of
any explosive substance or by means of any substance which it is
deleterious to the human body to inhale, to swallow, or to receive into
the blood, or by means of any animal, shall be punished with
imprisonment of either description for a term which may extend to
three years, or with fine, or with both
 Indian Panel Code 326
Voluntarily causing grievous hurt by dangerous weapons or means

• Whoever, except in the case provided for by section 335, voluntarily causes
grievous hurt by means of any instrument for shooting, stabbing or cutting, or
any instrument which, used as a weapon of offence, is likely to cause death, or
by means of fire or any heated substance, or by means of any poison or any
corrosive substance, or by means of any explosive substance, or by means of
any substance which it is deleterious to the human body to inhale, to swallow,
or to receive into the blood, or by means of any animal, shall be punished
with imprisonment for life, or with imprisonment of either description for a
term which may extend to ten years, and shall also be liable to fine.
 Indian Panel Code 363A
Kidnapping or maiming a minor for purposes of begging
(1) Whoever kidnaps any minor or, not being the lawful guardian of a minor, obtains the custody of the
minor, in order that such minor may be employed or used for the purposes of begging shall be
punishable with imprisonment of either description for a term which may extend to ten years, and
shall also be liable to fine.
(2) Whoever maims any minor in order that such minor may be employed or used for the purposes of
begging shall be punishable with imprisonment for life, and shall also be liable to fine.
(3) Where any person, not being the lawful guardian of a minor, employs or uses such minor for the
purposes of begging, it shall be presumed, unless the contrary is proved, that he kidnapped or
otherwise obtained the custody of that minor in order that the minor might be employed or used for
the purposes of begging.
(4) In this section,— (a) “begging” means— (i) soliciting or receiving alms in a public place, whether
under the pretence of singing, dancing, fortunetelling, performing tricks or selling articles or
otherwise; (ii) entering on any private premises for the purpose of soliciting or receiving alms; (iii)
exposing or exhibiting, with the object of obtaining or extorting alms, any sore, wound, injury,
deformity or disease, whether of himself or of any other person or of an animal; (iv) using a minor as
an exhibit for the purpose of soliciting or receiving alms; (b) “minor” means— (i) in the case of a
male, a person under sixteen years of age; and (ii) in the case of a female, a person under eighteen
years of age.
 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, merchant, factor, broker, attorney or agent, commits criminal
breach of trust in respect of that property, shall be punished with
imprisonment for life, or with imprisonment of either description 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.
 430 IPC
Mischief by injury to works of irrigation or by wrongfully diverting
water

• Whoever commits mischief by doing any act which causes,

or which he knows to be likely to cause, a diminution of the
supply of water for agricultural purposes, or for food or
drink for human beings or for animals which are property,
or for cleanliness or for carrying on any manufacture, shall
be punished with imprisonment of either description for a
term which may extend to five years, or with fine, or with
both
 Punishment for attempting to commit offences punishable
with imprisonment for life or other imprisonment: IPC 511

• Whoever attempts to commit an offence punishable by this Code with imprisonment for life or
imprisonment, or to cause such an offence to be committed, and in such attempt does any act towards
the commission of the offence, shall, where no express provision is made by this Code for the
punishment of such attempt, be punished with imprisonment of any description provided for the
offence, for a term which may extend to one-half of the imprisonment for life or, as the case may be,
one- half of the longest term of imprisonment provided for that offence, or with such fine as is provided
for the offence, or with both.
• (a) A makes an attempt to steal some jewels by breaking open a box, and finds after so opening the box,
that there is no jewel in it. He has done an act towards the commission of theft, and therefore is guilty
under this section.
• (b) A makes an attempt to pick the pocket of Z by thrusting his hand into Z's pocket. A fails in the
attempt in consequence of Z's having nothing in his pocket. A is guilty under this section.
 Section 377 in the Indian Penal Code
• Unnatural offences:
• Whoever voluntarily has carnal intercourse against the order of nature
with any man, woman or animal, shall be punished with imprisonment
for life, or with imprisonment of either description for a term which
may extend to ten years, and shall also be liable to fine.
• Explanation:
• Penetration is sufficient to constitute the carnal intercourse necessary
to the offence described in this section.
 Indian Panel Code 378: Theft
Whoever, intending to take dishonestly any movable property out of the possession of any
person without that person's consent, moves that property in order to such taking, is said to
commit theft.
Explanation 1: A thing so long as it is attached to the earth, not being movable property, is not
the subject of theft; but it becomes capable of being the subject of theft as soon as it is severed
from the earth.
Explanation 2: A moving effected by the same act which effects the severance may be a theft.
Explanation 3: A person is said to cause a thing to move by removing an obstacle which
prevented it from moving or by separating it from any other thing, as well as by actually moving
it.
Explanation 4: A person, who by any means causes an animal to move, is said to move that
animal, and to move everything which, in consequence of the motion so caused, is moved by
that animal.
Explanation 5: The consent mentioned in the definition may be express or implied, and may be
given either by the person in possession, or by any person having for that purpose authority
either express or implied.
 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
thirst.
• Freedom from discomfort.
• Freedom from pain, injury or
disease.
• Freedom to express (most)
normal behaviour.
• Freedom from fear and
distress.
 Examination
• 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.