Enforce 289 IPC, 133 CrPC, KP / KTC Act to end stray cattle menace sign now

INDIAN PENAL CODE

IPC 289. 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.

THE KARNATAKA POLICE ACT, 1963

Section 31. Power to make orders for regulation of traffic and for preservation of order in public places, etc.
(1) The Commissioner and the District Magistrate, in areas under their respective charges or any part thereof, may make, alter or rescind orders not inconsistent with this Act, for,
(q) prohibiting, except under such reasonable rules as he may make, the placing of building materials or other articles or the fastening or detention of any horse or other animals in any street or public place;

Section 76. Police Officer may take charge of stray cattle.A Police Officer may take charge of any animal which may be found straying in a street and may take or send the same to the nearest cattle pound and the owner and other person concerned shall thereon become subject to the provisions of the Cattle Trespass Act in force.

Section 92. Punishment of certain street offences and nuisance.
(c) leaves in any street insufficiently tended or secured any animal or vehicle;
(d) causes obstruction, injury, danger or alarm in any street, or mischief, by any misbehaviour, negligence or ill usage in the driving, management or care of any animal or vehicle, or drives any vehicle or animal laden with timber, poles or other unwieldy articles through a street, contrary to any regulation made in that behalf and published by a competent authority;
(e) exposes for hire or sale any animal or vehicle, cleans any furniture or vehicle, or cleans, grooms, trains or breaks in any horse or other animal or makes or repairs any vehicle or any part of a vehicle in any street (unless when in the case of an accident repairing on the spot is necessary) or carries on therein any manufacture or operation so as to be a serious impediment to traffic or a serious annoyance to residents or to the public;
(f) (i) causes obstruction in any street by allowing any animal or vehicle which has to be loaded or unloaded or has to take up or set down passengers, to remain or stand therein longer than may be necessary for such purpose; or by leaving any vehicle standing or by fastening any cattle therein, or using any part of a street as a halting place for vehicles or cattle, or by leaving any box, bale, package or other thing whatsoever in or upon a street for an unreasonable length of time;
(g) causes obstruction on any foot-way, or drives, rides or leaves any animal or drives, drags or pushes any vehicle thereupon;
(k) negligently lets loose any horse or other animal, so as to cause danger, injury, alarm or annoyance to the public, or suffers a ferocious dog to be at large without a muzzle, or sets on or urges a dog or other animal to attack, worry or put in fear any person or animal;

THE KARNATAKA TRAFFIC CONTROL ACT, 1960

Section 8. Leaving vehicle or animal in dangerous position.

Section 10. Leaving vehicle or animal unattended.

Section 12. Duty of owner of vehicle or animal to give information.

Section 14. Power to make rules for control of traffic.

Section 20. Power to arrest without warrant.

2. Definitions.- In this Act, unless the context otherwise requires,
(b) driver means in the case of an animal, any person driving, leading, riding or otherwise managing or controlling the animal, and the words drive, driving and driven shall be construed accordingly;
(c) highway means any public thoroughfare whether a road, street, lane, bridlepath or a foot track, whether surfaced or unsurfaced, or whether on land owned by Government or a local authority or on land belonging to a private person over which the public have or have acquired, a right of way by usage, and includes,
(i) the slope, berm, barrow pits, foot-paths, pavements and side drains of any such thoroughfare;
(ii) all bridges, culverts, causeways, carriageways or other road structures, built on or across such thoroughfares, and
(iii) the trees, fences, posts and other highway accessories and materials and material stacks on the thoroughfare or on land attached to the thoroughfare;

Section 8. Leaving vehicle or animal in dangerous position.- No person in charge of a vehicle or animal shall cause or allow the vehicle or animal to remain at rest on any highway in such a position or in such a condition or in such circumstances as to cause or is likely to cause danger, obstruction or undue inconvenience to other users of the highway or public place.

Section 10. Leaving vehicle or animal unattended.- No person in charge of a vehicle or animal shall allow such vehicle or animal to stand or proceed on a highway or public place unless it is under adequate control.

Section 12. Duty of owner of vehicle or animal to give information.- The owner of a vehicle or animal the driver of which is accused of any offence under this Act shall on demand by any police officer give all information regarding the name and address of the driver which is in his possession or could by reasonable diligence be ascertained by him.

Section 14. Power to make rules for control of traffic.- (1) The State Government may after previous publication by notification make rules for the purpose of carrying into effect the provisions of this Chapter, and different rules may be made for different areas of the State.
(2) Without prejudice to the generality of the foregoing power, such rules may provide for,
(d) prohibiting the use of foot-paths or pavements by vehicles or animals;
(j) the control of animals likely to frighten other animals or pedestrians;

Section 20. Power to arrest without warrant.- (1) A police officer in uniform may arrest without warrant,
(a) any person who being required under the provisions of this Act to give his name and address refuses to do so, or gives a name and address which the police officer has reason to believe to be false, or
(b) any person concerned in an offence under this Act or reasonably suspected to have been so concerned, if the police officer has reason to believe that he will abscond or otherwise avoid the service of summons.
(c) A police officer or other authority arresting without warrant the driver of a vehicle or animal shall, if the circumstances so require, take or cause to be taken any steps he may consider proper for the temporary custody of the vehicle or animal.

Section 133 CrPC Conditional order for removal of nuisance.
(1) Whenever a District Magistrate or a Sub-divisional Magistrate or any other Executive Magistrate specially empowered in this of behalf by the State Government, on receiving the report of a police officer or other information and on taking such evidence (if any) as he thinks fit, considers-
(a) that any unlawful obstruction or nuisance should be removed from any public place or from any way, river or channel which is or may be lawfully used by the public ; or
(b) that the conduct of any trade or occupation, or the keeping of any goods or merchandise, is injurious to the health or physical comfort of the community, and that in consequence such trade or occupation should be prohibited or regulated or such goods or merchandise should be removed or the keeping thereof regulated ; or
(f) that any dangerous animal should be confined, such Magistrate may make a conditional order requiring the person causing such obstruction or nuisance, or carrying on such trade or occupation, or keeping any such goods or merchandise, or owning, possessing or controlling such building, tent, structure, substance, tank, well or excavation, or owning or possessing such animal or tree, within a time to be fixed in the order

i) to remove such obstruction or nuisance ; or
(ii) to desist from carrying on, or to remove or regulate in such manner as may be directed, such trade or occupation, or to remove such goods or merchandise, or to regulate the keeping thereof in such manner as may be directed; or
(iv) to remove, repair or support such building, tent or structure, or to remove or support such trees ; or
(vi) to confine such dangerous animal in the manner provided in the said order; or, if he objects so to do, to appear before himself or some other Executive Magistrate subordinate to him at a time and place to be fixed by the Order, and show cause, in the manner hereinafter provided, why the order should not be made absolute.

(2) No order duly made by a Magistrate under this section shall be called in question in any Civil Court.

Explanation-A "public place" includes also property belonging to the State, camping grounds and grounds left unoccupied for sanitary or recreative purposes.

As per the Delhi HC order the Police shall please use the Section 289 IPC and the relevant sections of the state police acts to prosecute the stray cattle owners who allow their cattle to stray. As per its order Section 133 CrPC too can be used to relocate / shift / close / remove an illegal / unauthorised / unauthorized / unregistered / unlicenced / unlicensed stationary / mobile dairies / cattle-sheds / cattlesheds.

To end the stray cattle menace the police shall please implement and enforce
01) Section 289 IPC
02) Section 133 CrPC (removal of nuisance)
03) THE KARNATAKA POLICE ACT, 1963 under the Section 76 (Police Officer may take charge of stray cattle), Section 92 Punishment of certain street offences and nuisance under sub-clauses (c), (d), (f)(i), (g) & (k)
04) THE KARNATAKA TRAFFIC CONTROL ACT, 1960 under the Section 8 (Leaving vehicle or animal in dangerous position), Section 10 (Leaving vehicle or animal unattended), Section 12 (Duty of owner of vehicle or animal to give information) and Section 20 (Power to arrest without warrant).

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Renee HernandezBy:
Culture and SocietyIn:
Petition target:
NHRC, KSHRC, Karnataka Guv / CM, Chief Secy, Principal Secy Home / UD / DPAR / DPAR-AR, Lok Ayukta, Municipal/UDA Commissioners, Civic Bodies, DGPs, DCs, IGPs, CPs, Jt./Addnl CPs, DIGs, DCPs (Traffic), DSPs, ACPs, DySPs, PIs, CIs & SIs / SHOs

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