Penal Codes of the Criminal Law
Indian Penal Code (1860)
The Indian Penal Code (IPC) is the main document which governs all criminal acts and the punishments they ought to be charged with. The objective of enacting the IPC was to provide a general and exhaustive penal code for crime in India. However, there are several other penal statutes that govern various other offences in addition to the IPC. In animal law, a notable such statute is the Prevention of Cruelty Against Animals Act. In order to be held liable under the IPC, the accused must possess both mens rea (guilty mind) and actus reas (guilty act).
The IPC extends to the whole of India. Punishments under the IPC can be extended both to offences committed within India as well as offences committed beyond, but which by law may be tried, within India. The provisions of IPC apply also to any offence committed by any citizen of India in any place without and beyond India and by any person on any ship or aircraft registered in India wherever it may be.
Criminal Procedure Code (1974)
The Criminal Procedure Code (CrPC) is a procedural law which states how the police machinery is to function as far as investigation and procedure is to be followed by courts during investigation and trial. The CrPC classifies criminal offences into several categories such as bailable, non-bailable, cognizable and non-cognizable offences. The procedural treatment of different offences is different.
The various steps at the time to filing a complaint such as filing a First Information Report (FIR), gathering evidence and initiating an enquiry are all governed by the CrPC. The CrPC further lays down classes of criminal courts.
Animal protection under Indian Criminal Law
There are two types of offences under the IPC:
- Cognizable offence: If such an offence has been committed, the police may arrest a person without warrant. Police are authorized to start an investigation into a cognizable offence on their own and do not required any court orders to do so. Examples of cognizable offences include murder and rape.
- Non-cognizable offence: If such an offence has been committed, the police do not have the authority to arrest without a warrant. Police are not authorized to start an investigation into a non-cognizable offence without a court’s permission. Examples of non-cognizable offences include cheating and forgery.
Killing or injuring an animal is a cognizable offence under the IPC read with Section 3 of the Prevention of Cruelty to Animals Act (1960) which holds that:
“no person shall beat, kick, injure, kill, torture, cause stress and discomfort to any animal or being the owner, allow such treatment to be inflicted upon any animal.”
