Section 73 Delhi Police Act, 1978: Police Powers in Animal Cruelty Cases

Section 73: Text of the legal provision

The following retains the wording and the two subsections appearing in the statutory text.

(1) When in respect of an animal an offence punishable under sub-section (1) of section 11 or section 12 of the Prevention of Cruelty to Animals Act, 1960 has been committed, or when there is a reasonable ground for suspecting that such offence has been committed, a police officer may-

(a) take the animal to the Metropolitan Magistrate, or

(b) if the accused person so requires, take the animal to a veterinary officer specified by general or special order by the Administrator in this behalf:

Provided that the police officer may, instead of taking the animal to a veterinary officer, take the animal for detention in a dispensary, or in any suitable place approved by the Administrator by general or special order and the animal shall thereupon be detained there until its production before a Metropolitan Magistrate, or

(c) take the animal to an infirmary appointed under section 35 of the said Act for treatment and detention therein, pending direction of a Magistrate under sub-section (2) of that section, or

(d) when the animal is in such physical condition that it cannot be taken to a veterinary officer or a Metropolitan Magistrate, draw up a report of the condition of the animal in the presence of two or more respectable persons describing such wound, sores, fractures, bruises, or other marks of injury as may be found on the body of the animal:

Provided that the police officer may take the animal for detention in a dispensary or any suitable place approved by the Administrator by general or special order and the animal shall thereupon be detained there until its production before a Metropolitan Magistrate.

(2) Where an animal is detained in a dispensary, infirmary or other place under sub-section (1), the animal shall be produced before a Metropolitan Magistrate with the least possible delay and in any case within a period not exceeding three days from the date on which it was so detained.

Meaning and scope of Section 73

The provision operates when an offence concerning an animal under Section 11(1) or Section 12 of the Prevention of Cruelty to Animals Act, 1960 has occurred or there is a reasonable ground for suspecting one. Section 11(1) addresses specified acts of cruelty to animals; Section 12 concerns certain practices involving phooka or doom dev. Section 73 provides procedural options to safeguard an affected animal; it does not itself replace the substantive offences and penalties under the 1960 Act.

Section 73(1)(a): Production before a Metropolitan Magistrate

A police officer may take the animal to a Metropolitan Magistrate for judicial consideration. A Metropolitan Magistrate is a judicial officer exercising the jurisdiction conferred by the applicable criminal procedure law.

Section 73(1)(b): Veterinary examination

If the accused person requests it, the police officer may take the animal to a veterinary officer specified by an order of the Administrator. The proviso also permits temporary detention at an approved dispensary or other suitable approved place pending production before the Metropolitan Magistrate.

Section 73(1)(c): Treatment in an infirmary

The animal may be taken to an infirmary appointed under Section 35 of the Prevention of Cruelty to Animals Act, 1960 for treatment and detention, pending the Magistrate's direction under Section 35(2). An infirmary in this context is a legally appointed facility for the care and treatment of animals.

Section 73(1)(d): An animal unfit to be moved

Where the animal's physical condition prevents it from being taken to a veterinary officer or Metropolitan Magistrate, the officer may prepare a report in the presence of two or more respectable persons, describing visible injuries including wounds, sores, fractures, bruises or other marks. The related proviso permits detention in an approved facility until production before the Magistrate.

Section 73(2): Maximum three-day production period

When an animal is detained under subsection (1), it must be produced before a Metropolitan Magistrate with the least possible delay and, in all cases, within three days from the date of detention. Three days is the outer statutory limit, not a default waiting period.

Practical procedure in suspected animal cruelty cases

1. Identify the suspected offence: Determine whether the circumstances indicate an offence under Section 11(1) or Section 12 of the 1960 Act.
2. Assess the animal's condition: Consider whether the animal can safely be moved or requires urgent treatment.
3. Choose a lawful course: Follow the relevant option under Section 73(1)(a) to (d), including an accused person's request for veterinary examination where applicable.
4. Record injuries: If the animal cannot be moved, prepare the report described in clause (d) with the required witnesses.
5. Obtain judicial oversight promptly: Produce any detained animal before a Metropolitan Magistrate without avoidable delay and no later than three days after detention.

The precise action also depends on other applicable laws, lawful orders and the animal's welfare needs. The section does not give unrestricted power to retain an animal indefinitely.

Related Delhi Police Act provisions

Section 74 addresses a Metropolitan Magistrate's powers concerning return of an animal; Section 75 deals with veterinary examination; Section 76 deals with animals under the 1960 Act; Section 77 addresses unsaddling and unloading; Section 78 concerns specified arrests without warrant; and Section 79 clarifies the supplementary nature of the chapter.

Official legislation and legal resources

For authoritative statutory text, amendments and relevant notifications, refer to the India Code portal, the Delhi Police Acts and Rules page and the Gazette of India. The Prevention of Cruelty to Animals Act, 1960 is Act 59 of 1960; its Sections 11, 12 and 35 should be read alongside Section 73 of the Delhi Police Act.

Criminal procedural matters arising after the commencement of the Bharatiya Nagarik Suraksha Sanhita, 2023 on 1 July 2024 should be considered under the applicable current procedure, including transitional provisions where relevant. The express language of Section 73 and any later legislative amendments or binding court orders remain important.

Frequently asked questions

What offences activate Section 73?

Offences punishable under Section 11(1) or Section 12 of the Prevention of Cruelty to Animals Act, 1960, or reasonable grounds for suspecting such offences.

Can police take an injured animal to an infirmary?

Yes. Clause (c) permits transfer to an infirmary appointed under Section 35 of the 1960 Act for treatment and detention pending a Magistrate's direction.

How quickly must a detained animal be produced before a Magistrate?

With the least possible delay, and no later than three days from detention under Section 73(2).