Bare ActsThe BOMBAY POLICE ACT, 1951

Section 74

Powers with regard to offences under 5[Act 49 of 1960] and corresponding laws

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Powers with regard to offences under 5[Act 49 of 1960] and corresponding laws. When in respect of an animal an offence under 6[sub-section (1) of Sec. 11 or Sec. 12 of the Prevention of Cruelty to Animals Act, 1960 (hereinafter in this section and in Secs. 75 and 77 referred to as “the said Act”)] bas been committed, or, when there is a reasonable ground for suspecting that such offence bas been committed, a Police officer may- (a) take the animal to a Magistrate, or (b) if the accused person so requires, take the animal to a Veterinary officer, if any, empowered by the State Government, in this behalf, or (c) take the animal to an infirmary appointed under 7[Sec. 35] of the said Act for treatment and detention therein, pending direction of Magistrate under 8[* * *] of the said section, or (d) when the animal is in such a physical condition that it cannot be taken to a Veterinary officer or a Magistrate, draw up a report of the condition of the animal in the presence of two or more respectable persons describing such wounds, sores, fractures, bruises or other marks of injury as may be found on the body of the animal: Provided that in the cases falling under Cl. (b) or (d) the Police officer may direct that the animal shall be sent for detention in a dispensary or any suitable place approve, by the State Government by general or special order and be there detained until its production before a Magistrate; 1 Subs by Mah Act 24 of 1964. 2 Section 73-A deleted vide Mah Act 24 of 1964. 3 Vide Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960. 4 Vide Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960. 5 Subs by Mah Act 24 of 1964. 6 Subs by Mah Act 24 of 1964. 7 Subs by ibid. 8 Deleted by ibid 48 Provided further that an animal so detained shall be produced before a Magistrate with the least possible delay and within a period not exceeding three days from the date on which it was sent for detention and shall be handed over to its owner unless the Magistrate passes an order for its further detention in an infirmary. Gujarat Amendment: In Sec. 74 omit “or under Sec. 3 or 4 or 5 of the Prevention of Cruelty to Animals Act”. 1

Section 74 – The BOMBAY POLICE ACT, 1951 | DailyLaw.ai