Owners of cattle that roam on roads should be prosecuted: Allahabad High Court

Excerpt 

Paragraph 40

Cattle owners cannot be seen withholding their hands, to leave the cattle on road surviving on water of drains/sewer and garbage which is definitely a cruelty. As such, owners of such animals should be prosecuted under the provisions of The Prevention of Cruelty to Animals Act, 1960, Police Act and Sections 289, 428, 429 I.P.C. as well. This will deter cattle owner from frequently leaving animals free on roads, putting their as well as citizens' life in danger.

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Definition of “act” “omission” “mischief”

IPC 32. Words referring to acts include illegal omissions.—In every part of this Code, except where a contrary intention appears from the context, words which refer to acts done extend also to ille­gal omissions.

IPC 33. “Act”, “Omission”.—The word “act” denotes as well a series of acts as a single act: the word “omission” denotes as well a series of omissions as a single omission.

IPC 425. Mischief.—Whoever with intent to cause, or knowing that he is likely to cause, wrongful loss or damage to the public or to any person, causes the destruction of any property, or any such change in any property or in the situation thereof as destroys or diminishes its value or utility, or affects it injuriously,

429. Mischief by killing or maiming cattle, etc., of any value or any animal of the value of fifty rupees.—Whoever commits mis­chief by killing, poisoning, maiming or rendering useless, any elephant, camel, horse, mule, buffalo, bull, cow or ox, whatever may be the value thereof, or any other animal of the value of fifty rupees or upwards, shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both.

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