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Writer's picturethelila500
Feb 6, 20233 min read

Do Killing Pet Animal Is a Criminal Offence?

The traditions and texts of India recognize the value of protecting animals. The laws in India still guarantee their security and existence. The government has repeatedly attempted to establish a solid framework to defend animals from potential attacks.


The Constitution of India

  • The State is required by Article 48A of the Indian Constitution to protect animals and safeguard the country's wildlife. It increases the animal's protection from all threats and helps in increasing its population.

  • Every citizen has a fundamental responsibility to protect and preserve forests and animals, as well as to exhibit compassion for all living creatures, according to Article 51A (g) of the Indian Constitution.

  • The Court's broad reading of Article 21 of the Indian Constitution ensures that animal rights are protected. According to local legislation, every animal has the right to life and security, and this privilege extends to animals and birds in addition to humans.

Indian Penal Code

  • Anyone who kills, poisons, injures, or renders an animal worth at least 10 rupees useless is subject to punishment under Section 438 of the Indian Penal Code. The criminal faces a two-year prison sentence, a fine or both.

  • The protection for specific animals that are most frequently exploited in India is provided under Section 439 of the Indian Penal Code. 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

  • In order to prevent animals from suffering unendingly, the Act lays out punishments for violators who expose animals to needless hardship and cruelty.

  • The Act also addresses the many forms of animal cruelty, its exclusions, and the process for murdering a victim of cruelty in order to put an end to their suffering.

  • It is a crime to abandon any animal or leave it in a place where it may starve or thirst, as stated in Section 11 of the Prevention of Cruelty to Animals Act of 1960.

How to File a Lawsuit against Someone Who Kills Your Pet


Getting the Right Evidence - You need proof that your animal died before you can file a lawsuit. To accomplish this, examine the circumstances of the animal's demise and create images depicting the injuries it sustained. As a result, the attorneys assist you in compiling the appropriate proof at the appropriate moment.


Finding the Witnesses- If anyone observed your pet being killed, attempt to acquire their name and contact information. If you go to trial, you might be required to get in connection with them once again. One of the witnesses is also the one who killed the animal. As a result, a defendant's evidence may be used against them in court proceedings. In the court trial, the lawyers' main contribution is to cross-examine the defendant's witnesses.


Making an F.I.R. at the Police Station- They look into the incident and make a report on it. If you do not even know who murdered or hurt your pet, you should also contact the authorities. Unfortunately, you must be informed of this person's identity before you may file a case. A defendant must be named in every lawsuit. If you can't identify the person who hurt your pet, maybe the police can investigate the matter.


To ensure that you are held accountable to the wrongdoer for the allegations of killing your pet animal, you will need a lawyer. If you wish to punish someone in Kolkata for killing a pet animal, you can hire a Criminal Lawyer in Kolkata to assist you in outlining the charges or accusations.


If you wish to punish anyone in Pune who kills a pet animal, you can appoint a Criminal Lawyer in Pune to assist you in outlining the allegations or accusations. Similarly, a Criminal Lawyer in Delhi can be hired to help you defend against charges and ensure that anyone found guilty of killing a pet animal in Delhi receives appropriate punishment.


From Lead India, you can talk to a lawyer. At Lead India, you can ask questions to experts online for free and get free legal advice online.


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