Delhi Police Act, 1978 | Section 78

Section 78 Delhi Police Act, 1978: Arrest Without Warrant for Animal Cruelty

Section 78 empowers a police officer to arrest without a Magistrate's warrant when certain offences involving cruelty to animals are committed in the officer's presence. The offences are those specified in Section 11(1)(a) to (m) of the Prevention of Cruelty to Animals Act, 1960 (Act 59 of 1960).

Text of Section 78

78. Arrest without warrant in case of certain offences under Act 59 of 1960. Any police officer may arrest, without a warrant from a Magistrate, any person committing in his presence any offence punishable under clauses (a) to (m) (both inclusive) of sub-section (1) of section 11 of the Prevention of Cruelty to Animals Act, 1960.

The spelling of the 1960 Act's name has been regularised here for readability. Consult the official statutory publication for the authoritative text.

Meaning and scope of Section 78

Arrest without warrant means taking a person into lawful custody without first obtaining an arrest warrant from a Magistrate. Section 78 confers a specific power connected with animal-cruelty offences; it does not make every suspected animal-welfare violation an automatic ground for arrest.

Who may act: Any police officer exercising the statutory power in the applicable jurisdiction.
What must be witnessed: The person must be committing an offence in the officer's presence.
Which offences qualify: Conduct punishable under Section 11(1), clauses (a) through (m), of the Prevention of Cruelty to Animals Act, 1960.
What the provision authorises: Arrest without first securing a Magistrate's warrant, subject to applicable procedural safeguards and other governing law.

Section 11(1)(a) to (m) of the Prevention of Cruelty to Animals Act, 1960

Section 11(1) identifies forms of cruelty to animals. The clauses referred to in Section 78 cover, among other conduct, cruel beating or overworking, using animals unfit for work, administering injurious substances, transporting or confining animals in a manner causing unnecessary pain, keeping animals in unsuitable conditions, failing to provide adequate food, drink or shelter, abandonment, and other specified acts of cruelty.

The exact elements, exceptions and penalties must be assessed under the relevant clause of Section 11 and the Act as applicable to the facts. The statutory definition of animal in Section 2(a) of the 1960 Act is any living creature other than a human being.

Does Section 78 permit arrest for every animal-cruelty complaint?

No. The particular power under Section 78 is tied to the offences enumerated in Section 11(1)(a) to (m) and to commission of the offence in the police officer's presence. A complaint about past conduct must be evaluated under the other applicable criminal and animal-welfare provisions. Arrest must also comply with the governing procedural law and constitutional protections.

Arrest procedure and safeguards

For arrests after the commencement of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), the applicable provisions governing arrest, information about grounds of arrest, legal assistance, production before a Magistrate and other safeguards must be considered. Section 78 provides a special statutory power, but does not dispense with procedural protections. The legality and necessity of an arrest depend on the facts and the law applicable at the relevant time.

Related provisions of the Delhi Police Act

Section 73 addresses police powers relating to offences under the 1960 Act. Section 74 concerns return of an animal by a Metropolitan Magistrate. Section 75 requires veterinary examination and reporting in the stated circumstances. Section 76 concerns detention and care of animals. Section 77 permits unsaddling or unloading an animal to check suspected sores. Section 79 makes clear that these provisions are additional to, rather than a replacement for, the 1960 Act.

Official statutory references

Legal information: This article explains the statutory framework for general reference. For a specific case, check current amendments, notifications, applicable procedural provisions and judicial decisions.