The Constitution of India

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 draught cattle. "

Article 48·A.- Protection and improvement of environment and safeguarding of forests and wild life. The State shall endeavour to protect and improve the environment and to safeguard the forests and wildlife of the country.

FUNDAMENTAL DUTIES

Article 51-·A. - Fundamental duties. - It shall be the duty of every citizen of India to protect and improve the natural environment including forests, lakes, rivers, and wildlife, and to have compassion for living creatures.

These duties have been particularly invoked in litigation concerning the environment.

The Indian Penal Code, 1860

Section 47. - " Animal". - The word" animal" denotes any living creature, other than a human being.

PUNISHMENTS

Section 428. - 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 a fine, or with both.

Section 429. - 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, b ull, 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.

Code of Criminal Procedure, 1973

Code 2. - Definitions. - In this Code, unless the context otherwise requires,-

(c) "cognizable offence" means an offence for which, and "cognizable case" means a case in which, a police officer may, in accordance with the first schedule or under any other law for the time being in force, arrest without warrant;
(d) "complaint" means any allegation made orally or in writing to a Magistrate, with a view to his taking action under this Code, that some person, whether known··or unknown, has committed an offence, but does not include a police report,

(I) "non-cognizable offence" means an offence for which, and "non-cognizable case" means a case in which, a police officer has no authority to arrest without warrant;

(o) "officer in charge of a police station" includes, when the officer in charge of the police station is absent from the station-house or unable from illness or other cause to perform his duties, the police officer present at the station­house who is next to rank to such officer and is above the rank of constable or, when the State Government so directs, any other police officer so present.

Code 5. - Saving. - Nothing contained in this Code shall, in the absence of a specific provision to the contrary, affect any special or local law for the time being m force, or any special jurisdiction or power conferred, or any special form of procedure prescribed, by any other law for the time being in force.

Code 42. - Arrest on refusal to give name and residence.-

(1) When any person who, in the presence of a police officer, has committed or has been accused of committing a non-cognizable offence refuses, on demand of such officer to give his name and residence or gives a name or residence which such officer has reason to believe to be false, he may be arrested by such officer in order that his name or residence may be ascertained.

(2) When the true name and residence of such person have been ascertained, he shall be released on his executing a bond, with or without sureties, to appear before a Magistrate if so required:
Provided that, if such person is not resident in India the bond shall be secured by a surety or sureties resident in India.

(3) Should the true name and residence of such person not be ascertained within twenty-four hours from the time of arrest or should he fail to execute the bond, or if so required, to furnish sufficient sureties, he shall forthwith be forwarded to the nearest Magistrate having jurisdiction ..

Code 43. - Arrest by private person and procedure on such arrest. -
(1) 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

2) without any 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.

(3) If there is reason to believe that a person 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 Code 42, but if there is no sufficient reason to believe that he has committed any offence, he shall be at once
released.

How to File an FIR ?

1. First information Report (FIR) are filed at your local police station when you wish to put down in record an incident which you wish to bring to the notice of your local police and at the same time seek their help in solving it.
   
   
2. Make out a detailed description of the lost animal with a photograph. (or any cruelty complaint)
   
   
3. Request your police station that you wish to file an FIR in the "police register" or on a plain piece of paper which you yourself may prepare in duplicate.
   
   
4. The officer at the police station is responsible for making all the necessary entries.
   
   
5. The copy of the FIR should be duly signed, stamped and dated (noted the time as well) by the police station which you should keep safely.
   
   
6. Simultaneously, the entry of this FIR should be made in the register.'
   
   
7. Alternately you should enter the entire FIR in the REGISTER and take a copy for yourself.
   
   
8. Do not lodge the FIR in the police diary.
   
   
9. Once the entry is made in the register the police are obliged to keep the Magistrate of their area informed about the "reports" and their "progress" (i.e what action has been taken and what the outcome has been).
   
   
10. If a complaint or report is lodged in the police diary then there is no guarantee that an FIR will be made. The reason being that complaints in a diary are subject to appro\'al by the police who have the liberty to determine whether the complaint is important enough to justify as FIR.
    
    
11. Thus the police is not obliged to keep the magistrate informed about the progress and olltcome of the complaints and reports made in the "diary".
    
    
12. This is applicable not only to lost animals but to any animal you have found, cruelty to animals, illegal activities with regard to animals
    
    
    Insist on filing an FIR It is your right.
    
    
    DO NOT lose the copy of the FIR and keep enquiring about its progress.

Important: An FIR (First Information Report) Must be lodged either in the Police Book/Register or on a plain paper, but NOT in the Police Diary.( A duplicate of the FIR is to be stamped and signed as "received" by the police station, and should be kept with the person filing the complaint). Once the entry is made in the Register the police are obliged to keep the Magistrate of their area informed about the reports and their progress.

If a complaint is lodged in a police diary then there is no guarantee that an FIR will be made; because complaints in a diary are subject to approval by the police as to whether it is important enough to justify as an FIR. The police are NOT obliged to keep the Magistrate informed about the complaints and reports made in a Diary.]

How to go to court ?

What is a complaint ?
A Complaint is any allegation made orally or in writing to a Magistrate, with a view to h is taking action under the Code of Criminal Procedure, that some person, whether known or unknown has committed an offence.

Who can file a complaint under the Wildlife (Protection) Act, 1972,(WPA )

A complaint against an accused charged with having committed an offence under the WPA can be filed by the following three categories of people:-

(a) The Director of Wildlife Preservation or any other officer authorized on his behalf by the state government; or

(b) The Chief Wildlife Warden or any other officer authorized on his behalf by the state government; or

(c) Any person who has given notice of not less than 60 days, in the manner prescribed of the alleged offence and of his intention to make complaint to the Central Government or the State Government or to the aforesaid officers.

It is imperative that the officer other than the Director, Wildlife Preservation or the Chief Wildlife Wardens, filing the complaint ensures that the necessary authorization in writing authorizing him to institute the complaint is obtained. A copy of such authorization should normally be filed along with the complaint, in order to avoid any controversy regarding the very maintainability of the complaint.

Contents of the Complaint

The law has not provided any particular format for the drafting of a complaint, but it is necessary to allege that an offence has been committed. It is also expected that the complainant must state all the ingredients constituting the alleged offence.

The complaint must be well drafted. Once drafted, like an FIR, it cannot be changed. Thus all offences committed must be carefully detailed in the complaint.

There should be sufficient and strong evidence to support the charges.

The offence committed must be spelt out clearly with a detailed description of events, the source of the information, the enquiries made along with names of persons, places and details of the evidence collected, the instrument/weapon used. The complaint must state under which schedule and section the animal falls in. For that it is mandatory to attach a zoologist's certificate of identification.

Arrest, Search and Seizure
The WPA does not lay down any procedure for arrest and search. Section 50 (4) of WPA simply stipulates that any person detained or things seized forthwith be taken before a Magistrate to be dealt with in accordance with law.

Hence, whenever an officer arrests a person, the officer should forthwith communicate to such person the full particulars of the offence as well as the grounds for such an arrest. This mandate is contained in section 50 of the Criminal Procedure Code.

Immediately after the the arrest the arresting officer should search the person, and place in safe custody all articles including the articles seized other than wearing apparel found upon him. A receipt of such said articles have to be prepared by the officer and copy thereof should be given to such person. It is of utmost importance that the arrest, delivery of the grounds of the arrest and the receipt of the articles is prepared, and handed over to the person in the presence of two or more independent witnesses, and whose signature should be obtained. If the person arrested consents, his signature may also be appended ..

The arresting officer immediately after the arrest must produce the arrested person and the articles seized, in any case within 24 hours, before the concerned Magistrate. The above procedure is mandatory and any breach thereof would make the arrest as well as the search illegal, if not doubtful.

 

Arrest by Private Persons
Section 50 of WPA authorises the Director, or the Chief Wildlife Warden or any officer authorised by them or any forest officer or any police officer not below the rank of sub-inspector to arrest any person without warrant and detain him, if the arresting officer has reasonable grounds for believing that such person has commit­ted an offence against the WPA.

Section 51 (1) of WPA stipulates that any person who contravenes any provi­sion of the Act or any rule or order made thereunder…. shall be guilty of an offence against this Act and shall, on conviction, be punishable with imprisonment for a term which may extend to three years" .

Part II of Schedule I of Code of Criminal Procedure (Cr.P.C) deals with "classification of offences against other laws" and declares that any offence punishable with imprisonment for 3 years and upwards shall be cognizable (power to arrest without a warrant) and non-bailable.

Section 43 of Cr. P.C confers the power on every private person to arrest or , cause to be arrested any person who has committed a non-bailable and cognizable 'offence. The only condition precedent is that such offence should have been committed in the presence of the arresting person. Hence, every person, other than those specified in section 50 of WPA have also the power to arrest subject to the following conditions namely first, the offence should be a non-bailable and cogniza­ble offence; secondly, the offence should have been committed in his presence and lastly, the person so arrested, without unnecessary delays, should be handed over to a Police Officer or, in the absence of the Police Officer, take such person or cause him to be taken in custody to the nearest Police Station, The Police Officer shall re­arrest such person in accordance with section 41 of Cr.P.C.

Thus, even persons other than the persons specified in section 50 of WPA can legally arrest, if the above said three conditions are adhered to.

Non-bailable offence
A non-bailable offence is that offence which is cognizable and punishable with imprisonment for three years and upwards. Offences which are non-cognizable and punishable with imprisonment for less than three years are normally bailable offences.

The distinction between bailable and non-bailable offence is that in the case of a bailable offence the person arrested has a right to be released on bail subject to such conditions as the Court/lnvestiga ting Officer may impose. And in the case of a non-­bailable offence the person arrested has no right to be released on bail but that does not mean he is not to be granted bail. Such a person arrested for a non-bailable offence can be released on bail by Court in the exercise of its judicial discretion and subject to such conditions as the Court may impose. In other words the distinction, between the two is that in a bailable offence bail is a right while in a non-bailable offence bail is not a right but is granted by the Court in its discretion. Bail is normally granted by the Courts except in cases where the person is charged with an offence punishable with imprisonment for life or death or is a previous convict.

 

Receiving and Recording Evidence
Sub-clause (8) of section 50, Wildlife (Protection) Act, 1972, gives the authority to any officer not below the rank of an Assistant Director of Wildlife Preservation or the Wildlife Warden to receive and record evidence in the presence of the accused person. Sub-clause (9) of section 50 of the WPA permits the use of such evidence at the time of trial provided it is recorded in the presence of the accused. This section is a boon for the officers in combating the rampant infringement of the WPA. It should be used more frequently before the witnesses are prevailed upon by the accused person or the time taken by a full trial conveniently erodes their capacity to recolect the chain of events, which manifests quite often during cross-examination.

Any person apprehended for committing- an offence under the WPA can be prosecuted only by filing a complaint under section 55 of the said Act. The said complaint has to be filed in a court of a Magistrate of the first class if the offence is punishable with imprisonment for 3 years and upwards but not more than 7 years. In case of offences punishable with imprisonment for less than 3 years, it has to be filed before the Court of any Magistrate within whose jurisdiction the offence has been committed.