Criminal activities are prosecuted in court by the State because they are deemed offenses in rem, or against society at large.
The Indian Constitution establishes a federal structure that divides authority among the federal, state, and municipal governments. Schedule VII, when read in conjunction with Article 246 of the Constitution, outlines the division of powers. There are three lists of powers:
1.] The Union List: The Union Parliament alone is authorized to enact laws pertaining to the subjects listed on this list.
2.] The State List: The only authority to enact legislation pertaining to the subjects listed above belongs to the state legislatures.
3.] Concurrent List: The authority to enact laws pertaining to the subjects listed in this list rests with both the Parliament and State Legislatures.
When Central and State laws conflict, the Central law will take precedence.
Police and prison-related issues are under the State List, whereas criminal law and criminal procedure are on the Concurrent List. The Indian Penal Code, 1860 (IPC) and the Criminal Procedure Code, 1974 (CrPC) are the statutes that control criminal law in India. According to the IPC, if a crime has been committed, the substantive law will be applied. The protocols that the police and courts must adhere to during an investigation and trial are outlined in the CrPC.
District-level Sessions tribunals are the particular tribunals where criminal trials are held. India has embraced the adversarial system of legal procedure, in which the prosecution sues the plaintiff, and the defense team represents the plaintiff. The judge serves as a neutral third party in this process. India differs significantly from other common law nations in that it does not have a jury system.
I. The Penal Code of India (1860)
The primary law that regulates all criminal offenses and the appropriate charges that should be brought against them is the Indian Penal Code (IPC). To give India’s criminal justice system a comprehensive and all-encompassing penal law, the Indian Penal law was enacted. In addition to the IPC, there are a number of other penal acts that regulate other offenses. One prominent statute in the field of animal law is the Prevention of Cruelty Against Animals Act. The accused must have both actus reas (guilty act) and mens reas (guilty mind) in order to be held accountable under the IPC.
The entirety of India is covered by the IPC. The Indian Penal Code (IPC) provides for penalties for crimes committed both inside India and outside the country but that are legally subject to a trial within the country. The Indian Penal Code’s provisions are applicable to any offense committed by an Indian citizen both inside and outside of India, as well as by any occupant of a ship or aircraft registered in India, wherever it may be.
II. The 1974 Criminal Procedure Code
The Criminal Procedure Code (CrPC) is a procedural legislation that specifies how the police apparatus is to operate in terms of investigation and the protocol that courts must adhere to when conducting investigations and trials. Criminal offenses are divided into a number of categories under the CrPC, including those that are cognizable, non-cognizable, and bailable. Different offenses are treated differently in the legal system. The CrPC governs the many stages involved in registering a complaint, including submitting a First Information Report (FIR), obtaining proof, and starting an investigation. Further criminal court classes are established by the CrPC.
III. Indian Criminal Law’s Protection of Animals Provision
The IPC defines two categories of offenses:
1.] If someone has committed a recognized offense, the police have the right to make an arrest without a warrant. There is no need for a court order for police to begin an independent investigation into a cognizable offence. Crimes that fall under this category include rape and murder.
2.] Non-cognizable offence: In the event that an offence falls under this category, police are not permitted to make an arrest without a warrant. Without a judge’s approval, police are not allowed to begin an inquiry into an offense that is not easily recognized. Non-recognized offenses include lying and counterfeiting.
According to Section 3 of the Prevention of Cruelty to Animals Act (1960) in conjunction with the Indian Penal Code, killing or harming an animal is a punishable offense. This means that:
Nobody is allowed to beat, kick, hurt, kill, torment, stress, or enable any animal to be subjected to such treatment if they are the owner.
The following penalties are outlined in Section 428 of the IPC for killing or harming an animal:
Any person found guilty of mischief involving the death, poisoning, maiming, or rendering unusable of any animal valued at ten rupees or more faces a maximum sentence of two years in prison of any kind, a fine, or both.
The following penalties are outlined in Section 429 of the IPC for other types of animals:
Any individual who causes mischief by killing, poisoning, maiming, or rendering useless an elephant, camel, horse, mule, buffalo, bull, cow, or ox, regardless of its value, or any other animal valued at fifty rupees or more, faces a maximum sentence of five years in prison, a fine, or both.
Theft of an animal is considered theft under Section 378 of the IPC. Moreover, criminal intimidation is made prohibited under Section 508 of the IPC if someone physically or illegally prevents an animal caregiver from maintaining a pet or providing food for a stray animal.