Section 98 of the Delhi Police Act, 1978 - Penalty for Failure to Confine Cattle
Section 98 addresses cattle allowed to stray in streets or trespass on public or private property. It provides graduated punishment, possible compensation and forfeiture, seizure and confinement in a cattle pound, and recovery of fines.
Section 98 - Statutory text
(1) Whoever allows any cattle which are his property or in his charge to stray in any street or to trespass upon any public or private property shall on conviction be punished
(a) for the first offence, with imprisonment for a term which may extend to one month, or with fine which may extend to three hundred rupees, or with both; and
(b) for the second or subsequent offence, with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both.
(2) The Metropolitan Magistrate trying an offence under sub-section (1) may order
(a) that the accused shall pay such compensation not exceeding two hundred and fifty rupees as such Magistrate considers reasonable to any person for any damage proved to have been caused to his property or the produce of his land by the cattle under the control of the accused trespassing on his land; and
(b) that the cattle in respect of which the offence has been committed shall be forfeited to the Government.
(3) Any compensation awarded under sub-section (2) may be recovered as if it were a fine imposed under this section.
(4) It shall be the duty of every police officer and it shall be lawful for any other person to seize and take to any cattle pound for confinement therein any cattle found straying in any street or trespassing upon any private or public property.
(5) Any fine imposed under this section may, without prejudice to any other means of recovery provided by law, be recovered by sale of all or any of the cattle in respect of which the offence was committed, whether they are the property of the person convicted of the offence or were only in his charge when the offence was committed.
(6) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), the offence punishable under this section shall be cognizable.
Meaning and scope of Section 98
Cattle in a person's property or charge: the provision applies not only to the owner but also to a person responsible for keeping or controlling the animals. Straying refers to cattle roaming in a street without proper control; trespass concerns cattle entering public or private property without authority.
The offence under sub-section (1) concerns allowing cattle to stray or trespass. Whether a particular individual had charge of the animals and allowed the relevant conduct depends on the evidence. Mere proximity to an animal does not by itself establish responsibility.
Punishment for first and repeat offences
| Offence | Imprisonment | Fine |
|---|---|---|
| First offence | Up to one month | Up to Rs. 300 |
| Second or subsequent offence | Up to six months | Up to Rs. 500 |
Under each category, the court may impose imprisonment, a fine, or both. These are the figures stated in the supplied statutory text; check the latest authoritative consolidated Act and any applicable amendments before relying on them in a live case.
Compensation and forfeiture - Section 98(2)
A Metropolitan Magistrate trying the offence may order compensation of up to Rs. 250 for damage proved to have been caused to a person's property or the produce of their land by the cattle trespassing there. This requires proof of the damage and its connection to the cattle under the accused's control.
The Magistrate may also order the cattle concerned to be forfeited to the Government. Forfeiture is a judicial order and should not be confused with temporary seizure and confinement in a cattle pound.
Seizure, cattle pounds and recovery - Sections 98(3) to 98(5)
- Compensation recovery: compensation awarded under sub-section (2) may be recovered as if it were a fine.
- Seizure and confinement: police officers have a statutory duty, and other persons are authorised by the wording of sub-section (4), to seize straying or trespassing cattle and take them to a cattle pound. Any action must be carried out lawfully and with due regard to safety and animal welfare.
- Recovery through sale: fines may be recovered through the sale of all or any cattle connected with the offence, including cattle in the convicted person's charge rather than ownership, subject to the applicable legal process.
Cognizable offence - Section 98(6)
Sub-section (6) expressly describes an offence punishable under Section 98 as cognizable. A cognizable offence is one for which police may arrest without a warrant in accordance with the applicable procedural law and its safeguards. The statutory text refers to the Code of Criminal Procedure, 1973; the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) generally replaced that Code from 1 July 2024, subject to transitional and saving provisions. The operative procedural requirements must be checked under the law applicable to the case.
Practical examples
- Cattle under a keeper's control repeatedly wander onto a busy public road, creating traffic hazards.
- Unconfined cattle enter a neighbour's land and damage crops or other property; proof of damage is relevant to a compensation order.
- A second proven offence attracts the higher statutory punishment range in Section 98(1)(b).
These illustrations do not establish guilt automatically. Responsibility, the alleged conduct, prior convictions and any damage must be proved as required by law.
Related provisions and other laws
Section 97 prescribes penalties for Sections 80 to 96, whereas Section 98 contains its own specific penalties. Section 99 addresses cruelty to animals as a separate subject. Animal handling and impounding may also involve municipal requirements and animal-welfare law, depending on the facts.
Official legal sources
Consult the India Code official legislation portal for the Delhi Police Act, 1978, and the Delhi Police Act text (India Code PDF). For the current criminal procedure framework, consult the Ministry of Home Affairs and the BNSS text on India Code.
Frequently asked questions
Does Section 98 apply only to the owner?
No. The statutory wording also covers a person in whose charge the cattle are kept.
Can the court order compensation?
Yes. Under Section 98(2)(a), the Magistrate may award up to Rs. 250 for qualifying damage proved in the proceedings.
Can cattle be taken to a cattle pound?
Section 98(4) provides for seizure and confinement of cattle found straying in streets or trespassing on property, subject to lawful handling.
General legal information, updated 19 October 2026. Verify the current legislation, amendments, notifications and procedural rules before taking action.