Palghar Housing Society Security Guard Booked for Horrific Killing of Dog Under Section 325 of the BNS, 2023
Following a disturbing report from a colony animal caretaker that a security guard had beat a community dog to death, PETA India intervened to ensure that justice would be served to the fullest extent of the law by working to have relevant stringent provisions added to the first information report (FIR) that were not included when it was initially registered on 26 August. PETA India fired off a letter to the senior inspector of Nalasopara Police Station requesting that Section 325 of the Bharatiya Nyaya Sanhita (BNS), 2023, be included in the FIR, which had initially been registered against Mr Pankaj Singh under Section 11(1)(a) of The Prevention of Cruelty to Animals (PCA) Act, 1960. Following PETA India’s intervention, a stringent provision – Section 325 of the BNS, 2023 – has now been incorporated into the FIR.
This provision makes the maiming or killing of any animal a cognisable offence and provides for a jail term of up to five years, a fine, or both. Intimidating dogs with sticks, chasing them, or throwing stones is considered cruelty to animals under Section 11(1) of the PCA Act, 1960, which prohibits causing animals unnecessary pain and suffering. The High Court of Bombay, in its 24 April 2023 judgement in Paromita Puthran vs Municipal Corporation of Greater Mumbai, emphasised that such actions by security guards are cruel and detrimental to the animals. The court directed the society to address complaints about such behaviour and take appropriate action, affirming that cruelty to animals is unacceptable and contrary to constitutional and statutory principles. The court further said, “To hate stray dogs and treat them with cruelty can never be an acceptable approach from persons of civil society, as such cruelty would be against the Constitutional ethos and statutory provisions.”
PETA India recommends that perpetrators of animal abuse undergo psychiatric evaluation and receive counselling, as abusing animals indicates a deep psychological disturbance. Research shows that people who commit acts of cruelty to animals are often repeat offenders who move on to hurting other animals, including humans. A study published in Forensic Research & Criminology International Journal stated, “Those who engage in animal cruelty were [three] times more likely to commit other crimes, including murder, rape, robbery, assault, harassment, threats, and drug/substance abuse.”
PETA India has long campaigned for strengthening the PCA Act, 1960, which contains outdated, inadequate penalties, such as a maximum fine of only Rs 50 for convicted first-time offenders (although the BNS, 2023, prescribes stronger punishments). In a proposal sent to the central government regarding an amendment to the act, PETA India recommended significantly increasing penalties for cruelty to animals.
