PROCEDURE FOR SEIZURE AND MAINTENANCE OF SEIZED ANIMALS
| Act / Rule | Explanation / Offence |
|---|---|
| Section 32, 34, PCA Act | Any Police Officer not below the rank of a Sub Inspector or any person authorised by State may enter any premises and seize an animal or animal article against which an offence has taken place or is suspected to have taken place. |
| Rule 3 (a), The PCA (Care and Maintenance of Case Property) Rules | The authority seizing the animal must ensure that a health inspection, identification and marking of the animal, is done through the jurisdictional veterinary officer deployed at Government Veterinary Hospital of the area. The marking can be done by ear tagging or by chipping or by any less irksome advanced technology. Any marking by hot branding, cold branding and other injurious marking are prohibited. |
| Rule 3(b), The PCA (Care and Maintenance of Case Property) Rules | The Magistrate is the deciding authority on where the animal is to be housed during the pendency of the litigation These animals can only be housed in an infirmary, Pinjrapole, SPCA, Animal Welfare Organisation or Gaushala that is recognised by the AWBI. |
| Rule 5, 7 The PCA (Care and Maintenance of Case Property) Rules | If the accused or owner fails to provide a bond of the value determined by the concerned authority for the expenses that are incurred and are likely to incur in the treatment and maintenance of the animals, they forfeit ownership to the body caring for the animals. Voluntarily relinquishing the animal does not affect the criminal charges against the accused. |
| Rule 8 & 9 The PCA (Care and Maintenance of Case Property) Rules | Adoption, rehabilitation and other status of animals after disposal of litigation or upon forfeiture of case property animals is to be determined in the process established. |
| Section 429, IPC | 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. |
Procedure
1) Police Officer not below the rank of a Sub Inspector may enter any premises and seize an animal against which an offence has taken place. The PCA (Care and Maintenance of Case Property) Rules, 2017 apply when an animal has been seized under the provisions of the PCA or the rules framed under.
2) The animal needs to be produced before a Veterinary Officer in charge of the area for health examination and identification.
3) The animal should then be sent to any suitable facility at SPCA or any registered animal welfare organization or infirmary or Gaushala and a custody letter has to made by the Police Officer for the same.
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