Delhi Police Act, 1978 | Chapter IX | Animal welfare

Section 79 of the Delhi Police Act, 1978: Relationship with the Prevention of Cruelty to Animals Act, 1960

Section 79 clarifies that the special animal-protection powers in Chapter IX of the Delhi Police Act, 1978 supplement, rather than replace or diminish, the provisions of the Prevention of Cruelty to Animals Act, 1960 (Act 59 of 1960).

Text of Section 79

Section 79 - Provisions of Chapter to be in addition to the provisions of Act 59 of 1960.

The provisions of this Chapter shall be in addition to, and not in derogation of, the provisions of the Prevention of Cruelty to Animals Act, 1960.

This provision appears in Chapter IX: Special Powers under the Prevention of Cruelty to Animals Act, 1960 of the Delhi Police Act, 1978 (Act 34 of 1978).

Meaning and legal effect of Section 79

The expression "in addition to" means that the powers and procedures contained in Chapter IX operate alongside those provided under the central animal-cruelty legislation. The words "not in derogation of" mean that Chapter IX is not intended to take away, reduce or override the protections and requirements of the Prevention of Cruelty to Animals Act, 1960.

Section 79 is therefore a saving and supplementary provision. It does not itself create a separate offence or prescribe a standalone punishment. Enforcement action must be supported by the applicable substantive provision and must comply with relevant statutory safeguards.

What is Act 59 of 1960?

Act 59 of 1960 is the Prevention of Cruelty to Animals Act, 1960, the central legislation intended to prevent unnecessary pain or suffering to animals. Under Section 2(a), "animal" means any living creature other than a human being. Section 11 addresses various forms of cruelty to animals, while Section 12 deals with the specified offence of phooka or doom dev.

Related provisions of Chapter IX: Sections 73 to 78

Section 79 should be read with the preceding provisions, which address the handling, examination, treatment and protection of animals in suspected cruelty cases.

Section 73: Specifies police powers concerning suspected offences under Sections 11(1) and 12 of the 1960 Act, including producing an animal before a Metropolitan Magistrate or arranging veterinary examination or suitable detention in the circumstances stated.
Section 74: Addresses the Metropolitan Magistrate's power concerning return of an animal to the person from whose possession it was taken.
Section 75: Provides for examination of an animal by a veterinary officer.
Section 76: Addresses dealing with the animal under the Prevention of Cruelty to Animals Act, 1960.
Section 77: Authorises a police officer, in specified circumstances, to require an animal being worked to be unsaddled or unloaded to examine a suspected sore.
Section 78: Provides a power of arrest without warrant where an officer witnesses an offence falling within clauses (a) to (m) of Section 11(1) of the 1960 Act, subject to applicable law.

These are specific powers, not a general permission to seize animals or arrest people without the statutory conditions being satisfied.

How Section 79 applies in practice

For example, where a working animal appears to have suffered cruelty, the police may consider the procedures in Chapter IX of the Delhi Police Act while also applying the relevant protections under the 1960 Act. Veterinary examination, treatment, production before the appropriate authority, detention or return of an animal must be assessed against the precise statutory conditions.

Section 79 ensures that the existence of the Delhi Police Act's additional procedures is not treated as a repeal or limitation of the central animal-welfare law. Whether a particular offence, arrest, seizure or prosecution is legally sustainable depends on the facts and all applicable laws.

Does Section 79 prescribe a penalty?

No. Section 79 itself does not prescribe a fine or imprisonment. Any punishment must be traced to an applicable offence-creating and penalty provision.

Does Section 79 override the Prevention of Cruelty to Animals Act?

No. Its express wording provides the opposite: Chapter IX supplements the 1960 Act without derogating from it.

Official legal sources

Legal information updated 19 October 2026. Readers should verify subsequent amendments, notifications and applicable judicial decisions before relying on this article for a specific case.