Human cruelty is typically resolved through mutual cooperation. But to fight to protect the rights of animals, one must pay close attention to cruelty to animals and have a thorough understanding of the current legal system and its ramifications.
An animal's physical and mental health is considered parts of its welfare, and people believe that both health and a sense of wellbeing are implied by high animal welfare. Every person has a fundamental obligation to take action against offenders by reporting the offense to the appropriate official in accordance with the law.
Constitution of India
Under the virtue of Article 51A (g) of the Constitution of India-
It imposes the fundamental responsibility of having empathy for all living creatures on every Indian citizen.
It is the owner's responsibility to seek justice and speak for these voiceless and speechless cattle after they are being poisoned by someone.
Offence against Animals
Mischief includes harming an animal through poison or injury. The most popular technique of malicious killing is poisoning. Therefore Section 428 and Section 429 of the Indian Penal Code penalize certain acts of mischief.
The accused shall be punished by a fine or imprisonment of either kind for a term ranging from two to five years.
Charges if Someone Poisoned the Cattle
If someone poisons your cattle, it is against the law, and you can sue the person for it in India.
According to Section 11 (c) of The Prevention of Cruelty to Animals Act of 1960 was passed to stop cruelty to animals.
It was an effort to lessen animals' needless suffering and anguish.
If the offence has been committed for the first time, any person who knowingly and deliberately gives a harmful medicine or harmful substance to (any animal) is accountable with a fine of at least ten rupees, up to fifty rupees.
If the same offense is committed twice within three years of the first offense, the offender faces a fine of one hundred rupees, three months' imprisonment, or both.
Complaint Filing Procedure if Someone Killed the Cattle by Poison
A complaint or FIR can be filed against the accused for poisoning the cattle.
If the offense is one that is covered by Sections 11 or 12 of the prevention of cruelty to animals act, the police are required to take action.
The owner can approach the magistrate and make a written complaint if the police don't act on the complaint.
In accordance with Section 428 and Section 429 of the Indian Penal Code, "mischief of murdering an animal constitutes an offence," the cattle owner may also file a complaint.
How to Sue Someone for Poisoning a Cattle
Obtaining the Right Evidence- In order to bring a case in court, you must have documentation of your animal's demise. To do this, look at the circumstances surrounding its death and produce photos of the death of the animal by poison on its body.
Recognizing the Witnesses- You should try to obtain the name and contact details of anyone who witnessed your cattle being poisoned and killed. You might need to get in touch with them once more if you're going to trial. The person who killed the cattle is also one of the witnesses. As a result, the testimony of a defendant might be used against them during the court proceedings.
Role of Lawyers
They prepare and evaluate numerous evidence and documents in the trial if you are facing any criminal charges.
They interpret animal cruelty statutes and prior court decisions.
They keep up with animal cruelty legislation.
They can file various animal cruelty lawsuits
They present your case in court
They take depositions on your behalf
If necessary, they conduct a cross-examination of the defendants' witnesses.
Therefore, a lawyer who specializes in cases that involve criminal charges or injury to a person should be able to handle this problem.
You will need a lawyer to ensure that the accused is held accountable for the cattle's death by poisoning. If you wish to hold someone accountable for the death of cattle in Hyderabad, you can hire criminal lawyers in hyderabad to assist you in laying out the allegations or accusations.
Similarly, you can hire criminal lawyers in kolkata to defend against charges or accusations so that the person responsible for poisoning and killing cattle in Kolkata is held accountable.
You can talk to a lawyer from Lead India. At Lead India Law, you can ask questions to experts online for free and get free legal advice online.
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