Section 32: Power of Search and Seizure

Overview

Section 32 of the Prevention of Cruelty to Animals Act, 1960, gives certain police officers and other authorized individuals the legal authority to search premises and seize animals or items if they believe an offence related to animal cruelty is being committed or has been committed. This power is crucial for investigating and preventing cruelty to animals.

Key Provisions

• Power to Search: Designated officers can search any place where they have reasonable grounds to believe that an offence under the Act is being, or has been, committed.
• Power to Seize: They can seize animals or any articles (like equipment used in illegal animal fights, or instruments used for inflicting cruelty) connected with the offence.
• Authorized Officers: The power isn’t universal. It’s specifically granted to police officers and individuals empowered by the State Government. This means the State Government can designate other officials (like animal welfare officers) to exercise these powers.
• Conditions: While the section doesn’t explicitly list detailed conditions within the section itself, the exercise of this power is subject to general principles of law regarding search and seizure, including the need for reasonable suspicion.

Practical Impact

This section significantly impacts several parties. For citizens, it means that authorities can intervene if they suspect animal cruelty is occurring on private property. For businesses involved with animals (like farms, pet shops, or entertainment venues), it means they are subject to inspection and potential seizure of animals or equipment if found violating the Act. For government authorities, it provides a legal tool to enforce the Act and protect animals from cruelty. It empowers them to take swift action against offenders.

Examples

• Example 1: A police officer receives a tip that illegal cockfighting is taking place on a farm. Based on this information, the officer can search the farm and seize the fighting cocks and any equipment used for the fights.
• Example 2: An animal welfare officer, authorized by the State Government, receives complaints about a dog breeding facility where animals are kept in extremely poor conditions. The officer can search the facility and seize animals that are suffering from neglect or abuse, along with records that might indicate violations of the Act. The officer must have reasonable grounds to believe an offence is being committed. A mere suspicion without any supporting evidence would likely not be sufficient.