Delhi Police Act, 1978 | Act 34 of 1978
Section 81 Delhi Police Act 1978 - Causing Obstruction or Mischief by Animal
Section 81 prohibits conduct involving animals or vehicles that causes obstruction, damage, injury, danger, alarm or mischief in a street or public place. It addresses negligent handling as well as certain improperly regulated transport of bulky loads.
Text of Section 81
81. Causing obstruction or mischief by animal. No person shall cause obstruction, damage, injury, danger, alarm or mischief in any street or public place-
(i) by misbehaviour, negligence or ill-usage in the driving, management, treatment or care of any animal or vehicle; or
(ii) by driving any vehicle or animal laden with timber, poles or other unwieldy articles through a street or public place contrary to any regulation made in that behalf.
Source: Delhi Police Act, 1978 - official India Code PDF.
Meaning and scope of Section 81
The provision protects public safety and the unobstructed use of streets and public places. It covers two different kinds of conduct. Under clause (i), the concern is harmful or dangerous consequences arising from misbehaviour, negligence or ill-usage while driving, managing, treating or caring for an animal or vehicle. Under clause (ii), the concern is moving timber, poles or other unwieldy articles on a vehicle or animal in violation of an applicable regulation.
Section 81(i): Negligent or improper handling
This clause concerns obstruction, damage, injury, danger, alarm or mischief caused by improper conduct in the driving, management, treatment or care of an animal or vehicle. For example, careless management of an animal that creates danger to pedestrians may raise an issue under this provision. Whether a violation occurred depends on the circumstances and evidence.
Section 81(ii): Transporting unwieldy articles
This clause addresses the movement of vehicles or animals carrying timber, poles or other difficult-to-handle articles through streets or public places contrary to a regulation made for that purpose. The existence and applicability of the relevant regulation must be established; transporting a bulky article is not, by itself, necessarily a violation of this clause.
Relevant statutory definitions
Public place: Section 2(o) includes places to which the public have access, whether as of right or not, including public buildings, monuments and certain places used for water, washing, bathing or recreation.
Vehicle: Section 2(t) broadly includes carriages, carts, handcarts, bicycles, rickshaws, motor vehicles and other conveyances described in the Act.
Street: Section 2(r) uses an inclusive definition covering public ways and related passages. The precise statutory wording should be consulted when the location is disputed.
Penalty under Section 97
Section 97 provides the general penalty for contraventions of Sections 80 to 96, including Section 81: on conviction, a fine of up to Rs. 100, or, in default of payment of the fine, imprisonment for up to eight days. This is the penalty stated in the official consolidated Act consulted; other laws may apply independently where their elements are satisfied.
Related provisions
- Section 80 - Disregarding the rules of the road: includes rules on keeping to the left and leaving animals or vehicles insufficiently tended or secured.
- Section 82 - Exposing animal for hire, sale, etc.: regulates certain activities involving animals and vehicles in streets and public places.
- Section 83 - Causing any obstruction in a street: addresses specified obstructions in streets and public places.
- Section 87 - Letting loose horse, etc.: deals with specified animal-control conduct.
Practical application
Relevant facts may include the location, the manner in which the animal or vehicle was handled, the nature of the obstruction or danger, witness accounts and, for clause (ii), the specific regulation alleged to have been breached. An allegation should be assessed against the wording of the relevant clause rather than assuming every incident involving an animal is covered.