PROCEDURE FOR CRUELTY INVESTIGATION

You've seen an animal being abused and want to do something to stop it,but you don't know what to do. Here are a few steps to help you with a cruelty investigation.

WHERE TO START:

First, find out who in your town, district or state investigates and enforces the anti cruelty laws. Often these people work for local humane societies, societies for the prevention of cruelty to animals (SPCA's),or animal shelters.
If you cannot locate the proper person, call or visit your area SHO to ask for help in enforcing the law. Before doing so,check the National and state law books in your local library or animal welfare organisation. The National and State laws will tell you exactly what your laws prohibit a person from doing to an animal, and should make a photocopy to take with you. In most States, causing the "unnecessary suffering" of an animal is illegal, as is beating and depriving him or her of food, and so on.

GATHERING EVIDENCE:

Once you have located a proper law enforcement officer, provide him/her with a concise, written, factual statement of what you have observed, giving dates and approximate times. If you can photograph the situation and date your photographs. you should also try to get short,factual, written statements from witnesses.

PURSUING YOUR CASE:

If you are not able to get satisfaction from the enforcement officers, present your documents case to their supervisors, and if necessary, to your local government officals, such as the localMLA, and ask them to act. If you have witnessed the cruel act yourself, you can go to your local police officer to issue out a warrant to summon the accused person to court. Sometimes expert witness may be necessary to the case. A veterinarian for example, can sign a statement that it is his / her "expert opinion" that a dog suffers if swung by a chain, deprived of food, etc.
Expert opinions often make or break a case. So if you know a sympathetic veterinarian, you may wish to seek his/her assistance and tell the officer you have expert support. By keeping a factual, will documented, step-bt-step record of the case, if all else fails, you can always visit or call your local newspapers or television station and try to interest reporters in the story.A news story may force official to act, or scare the person causing the abuse into stopping. Other people who have seen similar acts may then be sufficiently encouraged to step forward.

HOW TO APPROACH THE POLICE FOR HELP:

i) Approach the police (above the rank of constable) politely and briefly explain the situation.
ii) Request them to take action against the offender.
iii) If they state it is not their job to protect animals as there are far too many human problems,
politely enlighten them about their role in the PCA Act, 1960 (quote the relevant sections). If in Delhi,
do tell them about the Delhi Police Act, 1978 Chapter IX entitled "the Prevention of Cruelty to animal".
iv) Insist on their involvement and offer your help.
v) Inform them that the injured or distressed animal shelter and not left at the police station.
This will reassure them.
vi) File an FIR if necessary.
vii) Do the necessary follow up.
viii) Do praise him/her after his involvement, no matter how small.

HOW TO INFORM POLICE ON PHONE :

In an emergency situation telephone your local police station or dial 100 (Central Control Room) Get your "Ticket number" if you have dialed 100. Get the name and designation of the police personnel if you have called your local police station. Note the date and time on both occassions.If you wish to remain anonymous you do not need to reveal your identity.

HOW TO FILE A CRUELTY CASE WITH THE SPCA:

- Record the event in detail -i.e., the day, date, time, place/address, the person or persons committing the offence etc. and if possible take photographic evidence.
- Register the offence with the SPCA, make them stamp and your copy. Keep the copy safely.
- The SPCA then deputes the enforcement staff to the "Scene of the crime", who make enquiries in order to confirm your complaint.
- On the basis of what they witness and hear, they will make a report. Your presence would make a difference.
- If the offence can be rectified by a verbal warning, then a challan is not cut, nor the animal impounded.
- If the Metropolitan Magistrate feels that the animal should be taken away from the owner, he can have the animal removed to the shelter for treatment or re-homing.
- The SPCA enforcement staff can also take the help of the police, in case the need arises.
- You can also have the cruelty case followed up through your local animal welfare organisation, if you can't go through the SPCA or if you wish to remain anonymous.

HOW TO FILE AN F.I.R. (FIRST INFORMATION REPORT):

- FIRs are filed at your local police station when you wish to put down in record an incident which you wish to bring to the notice of your local police and at the same time seek their help in solving it. (eg. loss of wallet, train ticket, incident, or any other loss).
- Make out a detailed description of the lost animal with a photograph (or any cruelty complain). Address it: to the SHO (Station House Officer), of your area.
- To file an FIR, write the facts on a plain peice of paper which you yourself may prepare in duplicate, with the date, your name and address, details of the complaint and the people involved , if any.
- The officer on duty at the police station is responsible for making all the necessary entries.
- The copy of the FIR should be duly signed, stamped and dated (note the time as well) by the police station which you should keep safely.
- This is applicable not only to lost animals, but to any animal you have found (which might be lost), cruelty to animals, illegal activities with regard to animals eg. trade in wildlife, illegal slaughtering of animals and illegal slaughter houses, bird sellers, cruelty to animals in zoos, circuses, pets etc.
- The Prevention of Cruelty to Animals Act, 1960 under section 11 covers a large number of cruelties and offences on the basis of which you could file FIRs.
Insist on filing an FIR. It is your right.
- Do not lose the stamped copy (by the officers on duty) of the FIR and keep enquiring about the progress. This copy is the proof that the Police have received the information.

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