Delhi Police Act, 1978 | Chapter IX
Section 76 of the Delhi Police Act, 1978: Animal Detention, Treatment and Care
Section 76 explains how animals detained under Section 73 are to be dealt with and makes specified provisions of Section 35 of the Prevention of Cruelty to Animals Act, 1960 applicable to their detention, transport, maintenance and treatment.
Section 76 - Statutory provision
76. Animal to be dealt with under Act 59 of 1960. - When under section 73, a police officer takes an animal for detention in a dispensary or infirmary or other place before its production before a Metropolitan Magistrate or a Metropolitan Magistrate directs its further detention in an infirmary, sub-sections (3) to (7) (both inclusive) of section 35 of the Prevention of Cruelty to Animals Act, 1960 shall, as far as may be, apply in relation to the detention of animal (including the cost of transport, maintenance and treatment of the animal) in the dispensary, infirmary or other place.
Meaning and scope of Section 76
The expression Act 59 of 1960 refers to the Prevention of Cruelty to Animals Act, 1960. Section 76 does not create a separate animal-cruelty offence. Instead, it links the detention powers under Section 73 of the Delhi Police Act with the safeguards and cost provisions in Section 35(3) to (7) of the 1960 Act.
The words "as far as may be" mean that the referenced provisions apply to the relevant detention circumstances to the extent appropriate. They do not displace the requirement to comply with applicable judicial directions and other governing law.
When does Section 76 apply?
- Where a police officer, acting under Section 73, detains an animal in a dispensary, infirmary or other permitted place before producing it before a Metropolitan Magistrate.
- Where a Metropolitan Magistrate directs further detention of the animal in an infirmary.
Under Section 73(2), an animal detained under that provision must be produced before a Metropolitan Magistrate with the least possible delay and, in any event, within three days of detention.
Section 35(3) to (7): Relevant legal provisions
Section 35(3) - Veterinary certificate for discharge
An animal sent to an infirmary for care and treatment ordinarily cannot be released without a certificate of fitness issued by the competent veterinary officer, unless the Magistrate directs that it be sent to a pinjrapole (animal shelter) or destroyed in accordance with law.
Section 35(4) - Transport, maintenance and treatment costs
This subsection addresses the public authority responsible for payment of specified transport, maintenance and treatment costs, subject to the statutory arrangements for recovering expenses.
Section 35(5) - Recovery of expenses
The provision establishes a mechanism concerning recovery of costs from the owner in circumstances specified by the Act. Whether an amount is recoverable depends on the statutory conditions and relevant orders.
Section 35(6) - Unclaimed animals
This subsection provides for dealing with an animal where the owner fails to remove it within the statutory period after it becomes fit for discharge, subject to the required procedure.
Section 35(7) - Disposal and related procedure
The final subsection contains additional provisions governing the handling of an animal under Section 35. Its exact application must be read with the complete current statutory text and the facts of the case.
How Sections 73 to 79 work together
Section 73 concerns police powers in suspected animal-cruelty offences; Section 74 concerns a Magistrate's power to return the animal; Section 75 requires a veterinary examination and report; and Section 76 regulates detention-related treatment and costs by reference to the 1960 Act. Section 77 concerns unsaddling or unloading an animal, Section 78 addresses arrest without warrant for specified offences, and Section 79 makes clear that these powers supplement the Prevention of Cruelty to Animals Act.
Official legislation and references
Frequently asked questions
Does Section 76 permit indefinite detention of an animal?
No. Detention must comply with Section 73, applicable provisions of Section 35 of the 1960 Act, and any directions of the competent Magistrate. Section 76 is not an unrestricted power to detain animals.
Who decides whether an animal is fit for discharge?
Section 35(3) provides for certification by an authorised veterinary officer, subject to the Magistrate's statutory powers.
Are treatment and transportation costs covered?
Yes. Section 76 expressly includes transport, maintenance and treatment costs within the matters governed by the incorporated provisions of Section 35.
Legal information only. The applicable statute, amendments, rules and orders should be checked before relying on this article in a particular proceeding.