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Michael Fernandes (Blank)     06 February 2025

Snake, cobra killed by a person

Hello all, 

I came across a video which was shot in 2023, in which a person is seen killing a snake and towards the end of the video it can be seen that it's a cobra. I complained to RFO they sent police to arrest him I guess but he said something to them after which the police left.

Is there a provision in law where this person can be put to trial? 



 2 Replies

Swabhiman Panda   11 February 2025

Yes it's an offence under section 428 Indian penal code where it states that killing,maming, poisoning any animal is an offence  & if animal is worth 10Rs or more then max 2yr punishment or Fine or both & in 429 IPC it states if it's animal worth 50Rs or more punishment is max 5yr or fine or both as the case may be . Also a non bailable offence Under Sec- 51 of wildlife protection act 1972 , which states the punishment is at least three years in jail (up to seven years max ) and a fine of at least 25,000 rupees as cobra is such a species which is protected under Schedule I of the Act. The term ‘wildlife’ is defined under Section 2(37) as ‘Any animal, aquatic or land vegetation which forms part of any habitat’. 

Hence report of Animal Killing can be filed as an FIR in a police station or the same information can be transferred to the Forest Authorities who is empowered to initiate a complaint on this behalf & likewise a trial can run in court of law. There are other NGOs called PETA(People for Ethical Treatment of Animals)or Animal Welfare Board of India to whom a person can approach with the information.

In Arjun Singh vs. State of Rajasthan 2008, the Rajasthan HC held that killing an animal, plant, or other life form can be said to have occurred when an outside force, usually another life form, has done something to cause it to die.

In Compassion Unlimited Plus Action Vs. Union of India & Ors. 2016 , SC held that every species has an inherent right to live and shall be protected by law, subject to the exception provided out of necessity. Animal has also honour and dignity protected under Art -21 which cannot be arbitrarily taken away by any person.

In Animal Welfare Board of India v. A. Nagaraja & Ors. (2014) SC on its judgment emphasized the importance of compassion towards animals and the need to prevent their exploitation for human entertainment.The court banned the use of bulls and bullocks for events like Jallikattu and bullock cart races, citing cruelty and violation of the PCA Act.

Michael Fernandes (Blank)     11 February 2025

Thank you, for the detailed explanation and legal insights on this matter.

 

Given the serious nature of this offense and the legal provisions you've highlighted, I would like to take this issue forward in court. Is there any lawyer within our community who can assist me in filing a legal case and ensuring proper legal action is taken?

 

Additionally, if anyone has experience dealing with similar cases or can recommend a reliable lawyer, your guidance would be greatly appreciated.

 

Looking forward to any support or suggestions.


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