Act XI of 1890 · 10 pages
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Updated till 12.11.2021
THE PREVENTION OF CRUELTY TO ANIMALS ACT, 1890
CONTENTS
__________________
SECTIONS:
1. Title, extent and commencement, and supersession of other enactments.
2. Definitions.
3. Penalty for cruetly to animals and for sale of animals killed with unnecessary
cruelty.
3A. Penalty for overloading animals.
4. Penalty for practising phooka.
5. Penalty for killing animals with unnecessary cruelty anywhere.
5A. Penalty for being in possession of the skin of a goat killed with unnecessary cruelty.
5B. Presumptions as to possession of the skin of a goat.
6. Penalty for employing anywhere animals unfit for labour.
6A. Interpretation.
6B. Treatment and care of animals.
6C. Penalty for baiting or inciting animals to fight.
7. Penalty for permitting diseased animals to go at large or to die in public places.
7A. Special power of search and seizure in respect of certain offences.
8. Search-warrants.
Page 1 of 10
9. Limitation for prosecutions.
10. Destruction of suffering animals.
11. Saving with respect to religious rites and usages.
12. Provision supplementary to section 1 with respect to extent of Act.
13. Offence under section 4 to be cognizable.
14. General power of seizure for examination.
15. Power to make rules.
16. Persons authorised under section 14 to be public servants.
17. Indemnity.
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THE PREVENTION OF CRUELTY TO ANIMALS ACT, 1890.
1Act No. XI OF 1890
[21st March, 1890]
An Act for the Prevention of Cruelty to Animals
WHEREAS it is expedient to make further provision for the prevention of cruelty to animals;
It is hereby enacted as follows:___
1. Title, extent and commencement, and supersession of other enactments.–(1) This Act
may be called the Prevention of Cruelty to Animals Act, 1890.
(2) This section extends to 2[the whole of Pakistan] and the 3[Provincial Government] may, by
notification in the official Gazette, extend, on and from a date to be specified in the notification, the
whole or any part of the rest of this Act to any such local area as it thinks fit.
(3) When any part of this Act has been extended under sub-section (2) to a local area, the
3
[Provincial Government] may, by notification in the official Gazette, direct that the whole or any part
of any other enactment in force in the local area for the prevention of cruelty to animals shall, except
as regards anything done or any offence committed or any fine or penalty incurred or any proceedings
commenced, cease to have effect in the local area, and such whole or part shall cease to have effect
accordingly until the 3[Provincial Government], by a like notification, otherwise directs.
(4) The 3[Provincial Government] may cancel or vary a notification under sub-section (2) or
sub- section (3).
2. Definitions. In this Act, unless there is something repugnant in the subject or context,___
1For Statement of Objects and Reasons, see Gazette of India, 1890, Pt. V, p. 4 ; for Report of the Select Committee, see ibid., p. 95, and for proceedings in
Council, see ibid., Pt. VI, pp. 4, 10 and 62.
This Act has been declared in force in Baluchistan by s. 3 of the British Baluchistan Laws Regulation, 1913 (2 of 1913) ;
It has been applied to Phulera in the Excluded Area of Upper Tanawal to the extent the Act is Applicable in the N.W.F.P., subject to certain modifications ; and
also extended to the Excluded Area of Upper Tanawal (N.W.F.P.) other than Phulera with effect from such date and subject to such modifications as may be notified, see
N.W.F.P. (Upper Tanawal) (Excluded Area) Laws Regulation, 1950.
It has also been extended to the Leased Areas of Baluchistan, see the Leased Areas (Laws) Order, 1950 (G.G.O. 3 of 1950); and applied in the Federated Areas
of Baluchistan, see Gazette of India, 1937, pt. I, p. 1499.
This Act has been amended to the extent of Islamabad Capital Territory, see Ordinance No. 27 of 1981, s. 5 and 4th Sch.
2Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s. 3 and 2nd Sch. (with effect from the 14th October, 1955), for “all the Provinces and
the Capital of the Federation” which had been subs. by A. O., 1949, Arts. 3(2) and 4 for “the whole of British India”.
3Subs. by A. O., 1937, for the words “Local Government”.
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(1) “animal” means any domestic or captured animal. 1*
(2) “Street” includes any way, road, lane, square, court, alley, passage or open space, whether
a thoroughfare or not, to which the public have access.
2
[(3) phooka or doom dev includes any process of introducing air or any substance into the
female organ of a milch animal with the object of drawing off from the animal any secretion of milk.]
3[3. Penalty for cruetly to animals and for sale of animals killed with unnecessary cruelty.
If any person___
(a) overdrives, beats, or otherwise treats any animal so as to subject it to
unnecessary pain or suffering, or
(b) binds, keeps, carries or consigns for carriage any animal in such manner or
position as to subject it to unnecessary pain or suffering, or
(c) offers for sale or without reasonable cause has in his possession any live animal
which is suffering pain by reason of mutilation, starvation, thirst,
over-crowding or other ill-treatment, or
(d) offers for sale any dead animal or part of a dead animal which he has reason to
believe has been killed in an unnecessarily cruel manner, or
(e) without reasonable cause abandons any animal in circumstances which render
it likely that it will suffer pain by reason of starvation or thirst,
he shall be punished, in the case of a first offence, with fine which may extend to 5[one hundred
thousand rupees, but shall not be less than ten thousand rupees], or with imprisonment for a term which
may extend to one month and, in the case of a second or subsequent offence committed within three
years of the previous offence, with fine which may extend to 5[two hundred thousand rupees, but shall
not be less than twenty five thousand rupees], or with imprisonment for a term which may extend to
three months, or with both.]
4
[3A. Penalty for overloading animals.___(1)If any person overloads any animal, he shall be
punished with fine which may extend to 5[one hundred thousand rupees, but shall not be less than ten
thousand rupees], or with imprisonment for a term which may extend to one month.
(2) If the owner of any animal, or any person who, either as a trader, carrier or contractor or by
virtue of his employment by a trader, carrier or contractor, is in possession of, or in control of the
loading of, any animal, permits the overloading of such animal, he shall be punished with fine which
may extend to 5[two hundred thousand rupees, but shall not be less than twenty five thousand rupees].
1
The word “and” was omitted by the Prevention of Cruelty to Animals (Amdt.) Act, 1938 (25 of 1938), s. 2.
2
Clause (3) added, ibid.
3
Subs. ibid., s.3, for the original section 3.
4
S. 3A ins.ibid., s.4.
5
Subs. by the Prevention of Cruelty to Animals (Amendment) Act, 2018 (XVI OF 2018), ss. 2 and 3.
Page 4 of 10
1
[4. Penalty for practising phooka.___(1) If any person performs upon any cow or other milch
animal the operation called phooka or doom dev, or permits such operation to be performed upon any
such animal in his possession or under his control, he shall be punished with fine which may extend
to 5[three hundred thousand rupees, but shall not be less than fifty thousand rupees], or with
imprisonment for a term which may extend to two years, or with both, and the animal on which the
operation was performed shall be forfeited to Government:
Provided that in the case of a second or subsequent conviction of a person under this section
he shall be punished with fine which may extend to 5[five hundred thousand rupees, but shall not be
less than fifty thousand rupees] and with imprisonment for a term which may extend to two years.
(2) A Court may order payment out of any fine imposed under this section of an amount not
exceeding one-tenth of the fine to any person other than a police officer or officer of a society or
institution concerned with the prevention of cruelty to animals who has given information leading to
the conviction.]
5. Penalty for killing animals with unnecessary cruelty anywhere. If any person kills any
animal in an unnecessarily cruel manner, he shall be punished with fine which may extend to 5[three
hundred thousand rupees, but shall not be less than fifty thousand rupees], or with imprisonment for a
term which may extend to six months, or with both.
2
[5A. Penalty for being in possession of the skin of a goat killed with unnecessary cruelty.
If any person has in his possession the skin of a goat, and has reason to believe that the goat has been
killed in an unnecessarily cruel manner, he shall be punished with fine which may extend to 5[two
hundred thousand rupees, but shall not be less than twenty five thousand rupees], or with imprisonment
which may extend to three months, or with both, and the skin shall be confiscated.
25B. Presumptions as to possession of the skin of a goat. If any person is charged with the
offence of killing a goat contrary to the provisions of section 5, or with an offence punishable under
section 5A, and it is proved that such person had in his possession, at the time the offence was alleged
to have been committed, the skin of a goat with any part of the skin of the head attached thereto, it
shall be presumed, until the contrary be proved, that such goat was killed in an unnecessarily cruel
manner, and that the person in possession of such skin had reason so to believe.]
6. Penalty for employing anywhere animals unfit for labour.3*If any person employs in any
work or labour any animal which by reason of any disease, infirmity, wound, sore or other cause is
unfit to be so employed, or permits any such unfit animal in his possession or under his control to be
so employed, he shall be punished with fine which may extend to 5[two hundred thousand rupees, but
shall not be less than twenty five thousand rupees].
4
* * * * * * *
1
Subs. by the Prevention of Cruelty to Animals (Amdt.) Act, 1938 (25 of 1938). s. 5, for the original section 4.
2
Ss. 5A and 5B were ins. by s. 2 of the Prevention of Cruelty to Animals (Amdt.) Act, 1917 (14 of 1917).
3
The figure and brackets “(1)” omitted by s.6 of Act 25 of 1938.
4
Sub-sections (2) to (6), were omitted, ibid.
5
Subs. by the Prevention of Cruelty to Animals (Amendment) Act, 2018 (XVI OF 2018), ss. 4 to 7.
Page 5 of 10
1
[6A. Interpretation. For the purposes of sections 3A and 6, an owner or other person in
possession or control of an animal shall be deemed to have permitted an offence if he has failed to
exercise reasonable care and supervision with a view to the prevention of such offence, and, for the
purposes of section 4, if he fails to prove that he has exercised such care and supervision.
16B. Treatment and care of animals.___(1) The Provincial Government may, by general or
special order, appoint infirmaries for the treatment and care of animals in respect of which offences
against this Act have been committed, and may authorise the detention therein of any animal pending
its production before a Magistrate.
(2)The Magistrate before whom a prosecution for an offence against this Act has been
instituted may direct that the animal concerned shall be treated and cared for in an infirmary, until it
is fit to perform its usual work or is otherwise fit for discharge, or that it shall be sent to a pinjrapole,
or, if the Veterinary Officer in charge of the area in which the animal is found or such other Veterinary
Officer, as may be authorised in this behalf by rules made under section 15 certifies that it is incurable
or cannot be removed without cruelty, that it shall be destroyed.
(3) An animal sent for care and treatment to an infirmary shall not, unless the Magistrate directs
that it shall be sent to a pinjrapole or that it shall be destroyed, be released from such place except
upon a certificate of its fitness for discharge issued by the Veterinary Officer in charge of the area in
which the infirmary is situated or such other Veterinary Officer as may be authorised in this behalf by
rules made under section 15.
(4) The cost of transporting an animal to an infirmary or pinjrapole, and of its maintenance
and treatment in an infirmary shall be payable by the owner of the animal in accordance with a scale
of rates to be prescribed by the District Magistrate 2* *:
Provided that when the Magistrate so order, on account of the poverty of the owner of the
animal, no charge shall be payable for the treatment of the animal.
(5) If the owner refuses or neglects to pay such cost or to remove the animal within such time
as a Magistrate may prescribe, the Magistrate may direct that the animal be sold and that the proceeds
of the sale be applied to the payment of such cost.
(6) The surplus, if any, of the proceeds of such sale shall, on application made by the owner
within two months from the date of the sale, be paid to him.
16C. Penalty for baiting or inciting animals to fight. If any person___
(a) incites any animal to fight, or
(b) baits any animal, or
(c) aids or abets any such incitement or baiting,
1
Sections 6 A, 6B and 6C ins. by the Prevention of Cruelty to Animals (Amdt.) Act, 1938 (25 of 1938), s. 7.
2
The words “or, in Presidencytowns, by theCommissioner of Police” omitted by A. O., 1949, Sch.
Page 6 of 10
he shall be punished with fine which may extend to 1[three hundred thousand rupees, but shall not be
less than fifty thousand rupees].
Exception.___It shall not be an offence under this section to incite animals to fight if such
fighting is not likely to cause injury or suffering to such animals and all reasonable precautions are
taken to prevent injury or suffering from being so caused.]
7. Penalty for permitting diseased animals to go at large or to die in public places. If any
person wilfully permits any animal of which he is the owner 2[or is in charge] 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 2[or is in charge] to die in any street,
he shall be punished with fine which may extend to 1[two hundred thousand rupees, but shall not be
less than twenty five thousand rupees] 3[where he is the owner of the animal, or to 1[one hundred
thousand rupees, but shall not be less than ten thousand rupees] where he is in charge of but not the
owner of the animal].
4
[7A. Special power of search and seizure in respect of certain offences. ___5[(1)] If a
police-officer, not below the rank of sub-inspector, has reason to believe that an offence under section
5, in respect of a goat, is being or is about to be, or has been, committed in any place, or that any
person has in his possession the skin of a goat with any part of the skin of the head attached thereto,
he may enter and search such place or any place in which he has reason to believe any such skin to be,
and may seize any such skin and any article or thing used or intended to be used in the commission of
such offence.]
6
[(2) If a police-officer, not below the rank of sub-inspector, or any person specially authorised
by the Provincial Government in this behalf has reason to believe that phooka or doom dev has just
been or is being performed on any animal within the limits of his jurisdiction, he may enter any place
in which he has reason to believe such animal to be, and may seize the animal and produce it for
examination by the Veterinary Officer in charge of the area in which the animal is seized.]
8. Search-warrants.___(1) If a Magistrate of the first 7[or second class, 8* *] Sub-divisional
Magistrate, 9* * * or District Superintendent of Police, upon information in writing and after such
1
Subs. by the Prevention of Cruelty to Animals (Amendment) Act, 2018 (XVI OF 2018), ss. 8 and 9.
2
Ins. by the Prevention of Cruelty to Animals (Amdt.) Act, 1938 (25 of 1938), s. 8.
3
Added, ibid.
4
S. 7A ins. by the Prevention of Cruelty to Animals (Amdt.) Act, 1917 (14 of 1917), s. 3.
5
Section 7 A re-numbered as sub-section (1) of that section by Act 25 of 1938, s. 9.
6
Sub-section (2) added, ibid.
7
Subs. for the word “class” by Act 25 of 1938, s. 10.
8
The words “Presidency Magistrate” omitted by A. O., 1949, Sch.
9
The words “Commissioner of Police”, omitted, ibid.
Page 7 of 10
inquiry as he thinks necessary, has reason to believe that an offence 1[against this Act] is being or is
about to be or has been committed in any place, he may either himself enter and search or by his
warrant authorise any police-officer 2[not below the rank of sub-inspector] to enter and search the
place.
(2) The provisions of the 3[Code of Criminal Procedure, 1898 (Act V of 1898),] relating to
searches under that Code shall, so far as those provisions can be made applicable, apply to a search
under sub-section (1) 4[or under section 7A].
9. Limitation for prosecutions. 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.
10. Destruction of suffering animals.__5[(1)] When any Magistrate, 6* * * or District Super-
intendent of police has reason to believe that an offence against this Act has been committed in respect
of any animal, he may direct the immediate destruction of the animal if in his opinion its sufferings
are such as to render such a direction proper.
7
[(2) Any police-officer above the rank of a constable who finds any animal so diseased, or so
severely injured, or in such a physical condition that it cannot, in his opinion, be removed without
cruelty, may, if the owner is absent or refuses to consent to the destruction of the animal, forthwith
summon the Veterinary Officer in charge of the area in which the animal is found and if the Veterinary
Officer certifies that the animal is mortally injured, or so severely injured or in such a physical
condition that its destruction is desirable, the police-officer may, after obtaining orders from a
Magistrate, destroy the animal or cause it to be destroyed.]
11. Saving with respect to religious rites and usages. Nothing in this Act shall render it an
offence to kill any animal in a manner required by the religion or religious rites and usages of any
race, sect, tribe or class.
12. Provision supplementary to section 1 with respect to extent of Act. Notwithstanding
anything in section 1, sections 8[4 and 13, sections 9 and 10, and sections 6A, 7A, 8 and 15 so far as
they relate to offences under section 4] shall extend to every local area in which any section of this
Act constituting an offence is for the time being in force.
1
Subs. for the words and figures “against section 4, section 5 or section 6” by the Prevention of Cruelty to Animals (Amdt.) Act, 1938 (25 of
1938), s. 10.
2
Subs. ibid., for the words “above the rank of a constable”.
3
Subs. by ord XXVII of 1981, s.5 & Sch. IV(only to the extent of Islamabad Capital territory).
4
Added by the Prevention of Cruelty to Animals (Amdt.) Act, 1917 (14 of 1917), s. 4.
5
S. 10 re-numbered as sub-section (1) of that section by Act 25 of 1938, s. 11.
6
The words “Commissioner of Police” omitted, by A. O., 1949, Sch.
7
Sub-section (2) added, by Act. 25 of 1938.
8
Subs. ibid., s. 12, for the word and figures “9, 10 and 11”.
Page 8 of 10
1
[13. Offence under section 4 to be cognizable. Notwithstanding anything contained in the
Code of Criminal Procedure Act, 1898 (V of 1898), an offence punishable under section 4 shall be a
cognizable offence within the meaning of that Code.
14. General power of seizure for examination. Any police-officer above the rank of a
constable or any person authorised by the Provincial Government in this behalf, who has reason to
believe that an offence against this Act has been or is 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 such Veterinary Officer as may be designated in this behalf by rules
made under section 15; and such policeofficer or authorised person may, when seizing the animal,
require the person in charge thereof to accompany it to the place of examination.
15. Power to make rules.___(1) The Provincial Government may, by notification in the official
Gazette, and subject to the condition of previous publication, make rules to carry out the purposes of
this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, the Provincial
Government may make rules___
(a) prescribing the maximum weight of loads to be carried or drawn by any animal;
(b) prescribing conditions to prevent the overcrowding of animals;
(c) prescribing the period during which, and the hours between which, buffaloes
shall not be used for draught purposes;
(d) prescribing the purposes to which fines realized under this Act may be applied,
including such purposes as the maintenance of infirmaries, pinjrapoles, and
veterinary hospitals;
(e) prohibiting the use of any bit or harness involving cruelty;
(f) requiring persons carrying on the business of a farrier to be licensed and
registered;
(g) requiring persons owning, or in charge of, premises in which animals are kept
or milked to register such premises, to comply with prescribed conditions as to
the boundary walls or surroundings of such premises, to permit their inspection
for the purpose of ascertaining whether any offence against section 4 is being,
or has been, committed therein, and to expose in such premises copies of section
4 of this Act in a language or languages commonly understood in the locality;
and
(h) prescribing the manner in which cattle may be impounded in any place
appointed for the purpose, so as to secure the provision of adequate space, food
and water.
1Sections 13 to 17 added by the Prevention of Cruelty to Animals (Amdt.) Act, 1938 (25 of 1938), s. 13.
Page 9 of 10
(3) If any person contravenes, or abets the contravention of, any rule made under this section,
he shall be punished with fine which may extend to 1[one hundred thousand rupees, but shall not be
less than ten thousand rupees].
16. Persons authorised under section 14 to be public servants. Every person authorised by
the Provincial Government under section 14 shall be deemed to be a public servant within the meaning
of section 21 of the Pakistan Penal Code (XLV of 1860).
17. Indemnity. No suit, prosecution or other legal proceeding shall lie against any person who
is, or who is deemed to be, a public servant within the meaning of section 21 of the Pakistan Penal
Code (XLV of 1860), in respect of any thing in good faith done or intended to be done under this Act.]
___________
1
Subs. by the Prevention of Cruelty to Animals (Amendment) Act, 2018 (XVI of 2018), s. 10.
Page 10 of 10
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