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The founders of the Indian Constitution were also sensitive to the topic of animal interests and their protection which is evident from Article 51(A) G of the Indian Constitution which reads as:

 It shall be the duty of every citizen of India to protect and improve the natural environment including forests, lakes, rivers, and wildlife, and to have compassion for living creatures.

In Concurrent List III, it is given that both the Centre and the State have the force and power to:

 Prevent inhumane attitudes towards animals & ensure the safety of wild animals and birds. The traces of animal rights can also be seen in the Criminal Procedure Code of India as killing, maiming, poisoning, or rendering useless any animal is punishable under Section 428 of the Indian Penal Code, 1860.

  Under Section 503 of the Indian Penal Code any individual scaring someone else and averting him/her, who is the proprietor of a pet, from keeping or dealing with his/her pet can be held at risk.

  The Prevention of Cruelty to Animals Act, 1960 was enacted to prevent the act of unnecessary agony endured by animals and for that purpose to amend the law relating to the prevention of cruelty to animals. The Act defines the word animal as any living creature other than a human being. The Animal Welfare Board of India under Section 4 of the Act is set to guard animals from being exposed to excessive torment.

  Section 11 of the Act mentions the condition under which a demonstration is perceived to be brutality against animals. The arrangement expresses that slaughtering any animal in any pointlessly savage way is a culpable offence. The discipline for the said offense, on account of a first offense, is fine which is between ten rupees to fifty rupees, and on account of a second or consequent offense with a fine which is between twenty-five rupees to one hundred rupees and a maximum of three months of imprisonment on repetition of the said acts.

Question

Manohar bought imported saplings of a very rare fruit to grow in his orchids to prevent thieves he bought wild breeds of dogs. To keep the dogs active and used to their habitual nature Manohar occasionally left rabbits for the dogs to hunt. Whether an act of Manohar is a culpable actus reus?

 

Option: 1

  Yes, because hunting is a punishable offence

 


Option: 2

Yes, the act of Manohar is cruelty to rabbits hence his act is culpable

 


Option: 3

 No, because the owner of the dogs have the liberty to decide what to feed their domesticated pets

 


Option: 4

 No this is just to feed the dogs

 


Answers (1)

best_answer

 Sections 428 and 429 of the Indian Penal Code and the Cruelty to Animals Act of 1960 make it illegal to maim or cause injury to any animal. Here, option (b) is the correct answer.

 

 

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SANGALDEEP SINGH

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