Maharashtra Police Act 1951
Section 74 :
Powers with regard to offences under 1.[Act LIX of 1960] :
When in respect of an animal an offence under 2.[sub-section (1) of section 11 or section 12 of the Prevention of Cruelty to Animals Act, 1960 (hereinafter in this section and in sections 75 and 77 referred to as ‘the said Act’)] has been committed, or, when there is reasonable ground for suspecting that such offence has 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 3.[section 35] of the said Act for treatment and detention therein, pending direction of a Magistrate under 4.[***] 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 cases falling under clause (b) or (d) the Police Officer may direct that the animal shall be sent for detention in a dispensary or any suitable place approved by the State Government by general or special order and be there detained until its production before a Magistrate:
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.
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1. Substituted for the words and figures ‘Act XI of 1890 an corresponding laws’ by Maharashtra 24 of 1964, 4(c).
2. Substituted for the portion ‘section 3 or section 5 or section 6 of the Prevention of Cruelty to Animals Act, 1890 or under section 3 or 4 or 5 of the Prevention of Cruelty to Animals Act’, by Maharashtra 2 of 1964, Section 4(a).
3. Substituted for the words and figures ‘sub-section (1) of section 6B’ by Maharashtra 24 of 1964, Section 4(b)(i).
4. These words ‘sub-section (2) and (3) of’ were deleted, by Maharashtra 24 of 1964, Section 4(b)(ii).
