The Cattle-Trespass Act, 1871

 

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The Cattle-Trespass Act, 1871 

(ACT NO. 1 OF 1871) 

[As on the 1st June, 2026] 

 

 

 

  



 

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LIST OF AMENDING ACTS 

1. The Cattle-trespass Act (1871) Amendment Act, 1891 (1 of 1891). 

2. The Repealing and Amending Act, 1914 (10 of 1914). 
3. The Jan Vishwas (Amendment of Provisions) Act, 2026 (8 of 2026). 
 

 

 

 

 

 

 

 

 

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LIST OF ABBREVIATIONS USED 

Cl., cls.              . . . .            .            for            Clause, clauses. 

Ins.                 . . . . .            ,,               Inserted. 

Notifn.  . . . . .  ,,     Notification. 

S., ss.  . . . . .  ,,     Section, sections. 

Sch.  . . . . .  ,,     Schedule. 

Subs.  . . . . .  ,,     Substituted. 

w.e.f.  . . . . .  ,,     with effect from. 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

   

  



 

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REAMBLE 

 PAGE 

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THE CATTLE-TRESPASS ACT, 1871 

__________ 

ARRANGEMENT OF SECTIONS 

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PREAMBLE. 

CHAPTER I 

PRELIMINARY 

SECTIONS 

1. Title and extent. 

2. [Repealed.]. 

3. Definitions. 

CHAPTER II 

POUNDS AND POUND-KEEPERS 

4. Establishment of pounds. 

5. Control of pounds. 

Rates of charge for feeding impounded cattle. 

6. Appointment of pound-keepers. Pound-keepers may hold other offices. Pound-keepers to be 

public servants. 

DUTIES OF POUND-KEEPERS 

7. To keep registers and furnish returns. 

8. To register seizures. 

9. To take charge of and feed cattle. 

CHAPTER III 

IMPOUNDING CATTLE 

10. Cattle damaging land.  

Police to aid seizures. 

11. Cattle damaging public roads, canals and embankments. 

12. Penalties for cattle impounded. 

CHAPTER IV 

DELIVERY OR SALE OF CATTLE 

13. Procedure when owner claims the cattle and pays penalties and charges.  

14. Procedure if cattle be not claimed within a week. 

15. Delivery to owner disputing legality of seizure but making deposit. 

16. Procedure when owner refuses or omits to pay the penalties and expenses.  

Deduction of penalties and expenses.  

Delivery of unsold cattle and balance of proceeds. 

Receipts.  



 

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SECTIONS 

17. Disposal of penalties, expenses and surplus proceeds of sale.  

18. [Repealed.].  

19. Officers and pound-keepers not to purchase cattle at sales under Act.  

 Pound-keepers when not to release impounded cattle. 

CHAPTER V 

COMPLAINTS OF ILLEGAL SEIZURE OR DETENTION 

20. Power to make complaints. 

21. Procedure on complaint.  

22. Compensation for illegal seizure or detention. 

Release of cattle.  

23. Recovery of compensation.  

CHAPTER VI  

PENALTIES 

24. Penalty for forcibly opposing the seizure of cattle or rescuing the same.  

25. Recovery of penalty for mischief committed by causing cattle to trespass.  

26. Penalty for damage caused to land or crops or public roads by pigs and cattle. 

27. Penalty on pound-keeper failing to perform duties. 

27A. Adjudication of penalties. 

27B. Appeal. 

27C. Imprisonment for non-payment of penalty. 

28. Remittance of penalty. 

CHAPTER VII 

APPLICATION FOR COMPENSAION 

29. Saving of right to apply for compensation.  

30. Set-off.  

CHAPTER VIII 

SUPPLEMENTAL 

31. Power for State Government to transfer certain functions to local authority. 

32. Power of Central Government to make rules. 

     SCHEDULE.—[Repealed.]. 



 

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THE CATTLE-TRESPASS ACT, 1871 

ACT NO. 1 OF 18711 

[13th January, 1871.] 

An Act to consolidate and amend the law relating to Trespasses by Cattle. 

Preamble.—WHEREAS it is expedient to consolidate and amend the law relating to trespasses by 

cattle; It is hereby enacted as follows :—  

CHAPTER I 

PRELIMINARY 

2[1. Title and extent.—(1) This Act may be called the Cattle-trespass Act, 1871; and 

(2) It extends to the whole of India except 3 [the territories which, immediately before the 1st 

November, 1956, were comprised in Part B States], and the presidency-towns and such local areas as the 

State Government, by notification in the Official Gazette, may from time to time exclude from its 

operation. 

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STATE AMENDMENT 

Maharashtra 

Amendment of section 1 of Act 1 of 1871.—In section 1 of the Cattle-trespass Act, 1871, in its 

application to the State I of Bombay (hereinafter referred to as the “principal Act”), to sub-section (2) the 

1871, following proviso shall be added, namely:— 

“provided that on the commencement of the Cattle-trespass (Bombay Extension and Amendment) 

Act, 1959 (Bom. XIII of 1959), it shall extend to those areas in which the Hyderabad, Cattle Trespass 

Act, or as the case may be the Cattle-trespass Act, 1871 (Hyd. Act V of 1837, 1 of 1871), as modified and 

applied to the Saurashtra area of the State of Bombay was in force immediately before such 

commencement.”   

[Vide Bombay Act XIII of 1959, s. 3] 

 
1.  This  Act  has been amended locally —   

in Ajmer by Ajmer Act 5 of 1954;  

in Assam by Assam Act 1 of 1936;  

in Bombay by Bombay Acts 9 of 1924, 4 of 1926, 5 of 1931 and 13 of 1959;   

in Madhya Pradesh by C. P. Acts 12 of 1935, 22 of 1937 and C. P. & B. Act 27 of 1948 and Madhya Pradesh Act                 

11 of 1960; 

in Orissa by Orissa Acts 15 of 1948 and 23 of 1950;  

in Punjab by Punjab Acts 24 of 1952 and 18 of 1959;  

in Sambalpur District by Orissa Act 6 of 1939;  

in U.P. by U.P. Act 7 of 1954;  

in West Bengal by Bengal Act 5 of 1934 and rep. in pt. by Ben. Act 14 of 1947 and West Ben. Acts 7 of 1948 and                  

4 of 1956; 

in Madras by Madras Act 20 of 1957; 

in Andhra Pradesh by Andhra Pradesh Act 30 of 1961; 

in Himachal Pradesh by Himachal Pradesh Act 7 of 1974.  

 The Act has been extended to the whole of Madhya Pradesh by Madhya Pradesh Act 23 of 1958 (when notified), to the 

NEFA by Reg. 3 of 1960, s. 3 and Sch., subject to certain modifications (w.e.f. 1-11-1960), extended to and brought into 

force in Dadra and Nagar Haveli by Reg. 6 of 1963, s. 2 and Sch. I (w.e.f. 1-7-1965) and to the whole of the Union territory 

of Lakshadweep by Reg. 8 of 1965, s. 3 and Sch.  (w.e.f. 1-10-1967). 

The Act came into force in Pondicherry on 1-10-1963 vide Reg. 7 of 1963, s. 3 and Sch. I. 

The Act has been repealed in its application to Ballery District by Mysore Act 5 of 1955 and to Malabar District of Kerala by 

Kerala Act 26 of 1961. 
2. Subs. by Act 1 of 1891, s. 1, for section 1. 
3. Subs. by the Adaptation of Laws (No. 2) Order, 1956, for “Part B States”.  
4. Sub-section (3) rep. by Act 10 of 1914, s. 3 and Sch. II. 



 

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2. [Repeal of Acts. References to repealed Acts.] Rep. by the Repealing Act, 1938 (1 of 1938). 

1[3. Definitions.— In this Act, unless the context otherwise requires,— 

(a) “adjudicating officer” means the Sub-Divisional Magistrate or any other Executive Magistrate 

authorised by the State Government or the Union territory administration, as the case may be; 

(b) “appellate authority” means the District Magistrate or the Additional District Magistrate 

authorised by the State Government or the Union territory administration, as the case may be; 

(c) “cattle” includes also camels, buffaloes, horses, mares, geldings, ponies, colts, fillies, mules, 

asses, pigs, rams, ewes, sheep, lambs, goats and kids; 

(d) “local authority” means Municipal Corporation, Municipal Council, Municipality, 

Cantonment Board, Notified Area Committee, Gram Panchayat or any other authority for the time 

being vested by law with the control and administration of any matters within a specified local area; 

and 

(e) “officer of police” also includes village-watchman.] 
 

CHAPTER II 

POUNDS AND POUND-KEEPERS 

4. Establishment of pounds.—Pounds shall be established at such places as the Magistrate of the 

District, subject to the general control of the State Government, from time to time directs. 

The village by which every pound is to be used shall be determined by the Magistrate of the District. 

5. Control of pounds. Rates of charge for feeding impounded cattle.—The pounds shall be under 

the control of the Magistrate of the District; and he shall fix, and may from time to time alter, the rates of 

charge for feeding and watering impounded cattle. 

2[6. Appointment of pound-keepers. Pound-keepers may hold other offices. Pound-keepers to be 

public servants.—The State Government shall appoint a pound-keeper for every pound. 

Any pound-keeper may hold simultaneously any other office under the Government. 

Every pound-keeper shall be deemed to be a public servant within the meaning of 3[clause (28) of 

section 2 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)].] 

DUTIES OF POUND-KEEPERS 

7. To keep registers and furnish returns.—Every pound-keeper shall keep such registers and 

furnish such returns as the State Government from time to time directs. 

8. To register seizures.—When cattle are brought to a pound, the pound-keeper shall enter in his 

register,—  

(a) the number and description of the 4[cattle], 

(b) the day and hour on and at which they were so brought, 

(c) the name and residence of the seizure, and 

(d) the name and residence of the owner, if known,  

and shall give the seizer or his agent a copy of the entry. 

9. To take charge of and feed cattle.—The pound-keeper shall take charge of, feed and water the 

cattle until they are disposed of as hereinafter directed. 

 
1. Subs. by Act 8 of 2026, s. 2 and Sch., for section 3 (w.e.f. 1-6-2026). 
2. Subs. by the A.O. 1937, for s. 6. 

3. Subs. by Act 8 of 2026, s. 2 and Sch., for “the Indian Penal Code (45 of 1860)” (w.e.f. 1-6-2026). 

4. Subs. by s. 2 and Sch., ibid., for “animals” (w.e.f. 1-6-2026). 



 

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CHAPTER III 

IMPOUNDING CATTLE 

10. Cattle damaging land.—The cultivator or occupier of any land, 

or any person who has advanced cash for the cultivation of the crop or produce on any land, 

or the vendee or mortgagee of such crop or produce or any part thereof, 

may seize or cause to be seized any cattle trespassing on such land and doing damage thereto or to 

any crop or produce thereon, and 1[send them or cause them to be sent within twenty-four hours] to the 

pound established for the village in which the land is situate. 

Police to aid seizures.—All officers of police shall, when required, aid in preventing (a) resistance to 

such seizures, and (b) rescues from persons making such seizures. 

STATE AMENDMENT 

Maharashtra 

Amendment of section 10 of Act I of 1871.—In the principal Act, in section 10, after the words and 

figures “the Bombay Village panchayat Act, 1933,” the words “or any corresponding law in force in any 

part of the State of Bombay” shall be inserted. 

[Vide Bombay Act XIII of 1959, s. 4] 

Maharashtra 

Amendment of sections 10, 12 and 26 of, and insertion of new section 28A in Act I of 1871.—In 

the Cattle-trespass Act, 1871— 

(1) in section 10, after the words “or any part thereof” the following shall be inserted, namely:— 

“or a watch and ward appointed by a panchayat established under the Bombay Village 

Panchayats Act, 1933, or any person authorised by the State Government in this behalf, either by 

name or by virtue of office.” 

[Vide Bombay Act XXXIV of 1950, s. 2] 

211. Cattle damaging public roads, canals and embankments.—Persons in charge of public roads, 

pleasure-grounds, plantations, canals, drainage-works, embankments and the like and officers of police, 

may seize or cause to be seized any cattle doing damage to such roads, grounds, plantations, canals, 

drainage-works, embankments and the like, or the sides or slopes of such roads, canals, drainage-works or 

embankments or found straying thereon, 

and shall 3[send them or cause them to be sent within twenty-four hours] to the nearest pound. 

4[12. Penalties for cattle impounded.—(1) For every head of cattle impounded as aforesaid, the 

pound-keepers shall impose penalty in accordance with the scale for the time being prescribed by the 

State Government in this behalf by notification in the Official Gazette and different scales may be 

prescribed for different local areas. 

(2) All penalties so imposed shall be deposited with the Magistrate of the District through such officer 

as the State Government may direct. 

(3) A list showing the penalties and the rates of charge for feeding and watering cattle shall be posted 

in a conspicuous place on or near to every pound.] 

 

 
1. Subs. by Act 1 of 1891, s. 3, for “'take them or cause them to be taken without unnecessary delay”.  

2. As to the application of s. 11 to forests, see the Indian Forest Act, 1927 (7 of 1927), s. 70; to railways see the Indian Railways 

Act, 1890 (9 of 1890), s. 125 (4). 
3. Subs. by Act 1 of 1891, s. 4, for “take them without unnecessary delay”. 

4. Subs. by Act 8 of 2026, s. 2 and Sch., for section 12 (w.e.f. 1-6-2026). 



 

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STATE AMENDMENT 

Maharashtra 

Insertion of new sections 12A and 12B in Act I of 1871.—In the principal act, after section 12, the 

following new sections shall be inserted, namely:— 

“12A. Security in respect of impounded cattle.—(1) In any local area to which he state 

Government may, by notification in the Official Gazette, apply this section , every pound-keeper shall, 

before releasing any impounded cattle, require the owner of the impounded cattle or his agent to make, in 

the form to be prescribed by the State Government, a declaration regarding the ownership of such cattle  

and to deposit by way of security such sum as the state Government may, by rules, prescribe, Different 

scales may be prescribed for different areas or different classes of cattle. 

(2) If any cattle belonging to such owner are impounded within a period of six months from the date 

on which the security is deposited, and if the seizure is not adjudged illegal, the amount of deposit or a 

part thereof, as may be directed by the State Government by rules made in this behalf, shall stand 

forefeited to the State Government. If cattle are not impounded as aforesaid, the amount of security 

deposit shall, on an application may by or on behalf of the depositor, be refunded to him on the expiry of 

that period. 

(3) On every occasion on which the release of the cattle impounded under this Act is claimed, the 

owner of the cattle shall deposit a fresh security. 

12B. Removal of cattle to specified places.—(1) If in any local area to which the State Government 

may, by notification in the Official Gazette apply this section, a Mamlatdar, Tahsildar, Naib-Tahsildar or 

Mahalkari is satisfied— 

(i) that the grazing land set apart for the use of cattle of one or more village in the taluks, tahsils 

or mahal under his jurisdiction is insufficient for the cattle belonging to the permanent residents of 

such  village or villages; or  

(ii) that the crops or grass standing on any agricultural land or grazing land so set apart are likely 

to be damaged by cattle belonging to persons who are not residents of such village or villages and 

who own more than twenty head of cattle, 

he may— 

(a) in any case referred to in clause (i) direct any such resident owner, by special or general order, 

to remove or cause to be removed all or any dry or useless cattle belonging to him to such place or 

places within the State and within such period as may be specified in the order, and  

(b) in any case referred to in clause (ii) direct any such non-resident owner, by special or general 

order, to remove or cause to be removed all or any of his cattle to such place or places within the state 

and within such period as may be specified in the order. 

(2) If the owner of the cattle fails to remove the cattle as directed under sub-section (1), the 

Mamlatdar, Tahsildar, Naib-Tahsildar or Mahalkari, as the case may be, may direct a police officer not 

below the rank of a head constable to remove or cause to be removed such cattle to the place or places 

specified in the order. 

(3) If the Mamlatdar, Tahsildar, Naib-Tahsildar or Mahalkari is satisfied that the order issued by him 

under sub-section (1) is contravened by any owner or keeper of cattle, he may impose a fine not 

exceeding one thousand rupees. Any fine so imposed may, on failure of such owner or keeper to pay the 

same within the specified time, by recovered by sale of all or any of the cattle ordered to be removed 

under sub-section (1).” 

[Vide Bombay Act XIII of 1959, s. 5] 

  



 

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Maharashtra 

In section 12,— 

 (a) the words “head of” shall be deleted; 

(b) for the words “Different scales may be prescribed for different local area” the following 

shall be substituted, namely:— 

“Progressively increasing scales may be prescribed in respect of cattle belonging to or kept by 

the same person according to the number of cattle impounded at a time and the number  of times 

such cattle are impounded and different scales may be prescribed for different local areas.”; 

[Vide Maharashtra Act XXXIV of 1950, s. 2] 

CHAPTER IV 

DELIVERY OR SALE OF CATTLE 

13. Procedure when owner claims the cattle and pays 1[penalties] and charges.—If the owner of 

the impounded cattle or his agent appear and claim the cattle, the pound-keeper shall deliver them to him 

on 2[payment of penalties imposed] and charges incurred in respect of such cattle. 

The owner or his agent, on taking back the cattle, shall sign a receipt for them in the register kept by 

the pound-keeper. 

 

STATE AMENDMENT 

Maharashtra 

Amendment of section 13 of Act 1 of 1871.—In the principal Act, to the first paragraph of section 13, 

the following shall be added, namely:— 

“and on depositing the amount of security prescribed under section 12A.” 

[Vide Bombay Act XIII of 1959, s. 6] 

14. Procedure if cattle be not claimed within a week.—If the cattle be not claimed within seven 

days from the date of their being impounded, the pound-keeper shall report the fact to the officer in 

charge of the nearest police-station, or to such other officer as the Magistrate of the District appoints in 

this behalf. 

Such officer shall thereupon stick up in a conspicuous part of his office a notice stating—  

(a) the number and description of the cattle, 

(b) the place where they were seized, 

(c) the place where they are impounded, 

and shall cause proclamation of the same to be made by beat of drum in the village and at the                     

market-place nearest to the place of seizure. 

If the cattle be not claimed within seven days from the date of the notice, they shall be sold by public 

auction by the said officer, or an officer of his establishment deputed for that purpose, at such place and 

time and subject to such conditions as the Magistrate of the District by general or special order from time 

to time directs: 

Provided that, if any such cattle are, in the opinion of the Magistrate of the District, not likely to fetch 

a fair price if sold as aforesaid, they may be disposed of in such manner as he thinks fit. 

 
1. Subs. by 8 of 2026, s. 2 and Sch., for “fines” (w.e.f. 1-6-2026). 

2. Subs. by s. 2 and Sch., ibid., for “payment of the fines” (w.e.f. 1-6-2026). 



 

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15. Delivery to owner disputing legality of seizure but making deposit.— If the owner or his agent 
1[appear and refuse to pay the said penalties and expenses], on the ground that the seizure was illegal and 

that the owner is about to make a complaint under  section 20, then , upon  2[deposit of the penalties 

imposed] and charges incurred in respect of the cattle, the cattle shall be delivered to him. 

STATE AMENDMENT 

Maharashtra 

Amendment of section 15 of Act 1 of 1871.—In the principal Act, section 15 shall be renumbered as 

sub-section (1) of that section, and after sub-section (1) as so renumbered, the following new sub-section 

shall be inserted, namely:— 

“(2) If on any complaint referred to in sub-section (1) the seizure is declared to be lawful, or if the 

owner or his agent fails to make such complaint within a period of four weeks from the date of 

delivery of the cattle to him, the pound  keeper of shall require such owner or agent to make a 

declaration and to deposit the amount of security as required by section 12A. If the owner or his agent 

fails to make such declaration or to deposit such amount, the cattle delivered to him under sub-section 

(1) shall be seized for the purpose of section 16.” 

[Vide Bombay XIII of 1959, s. 7] 

16. Procedure when owner refuses or omits to pay the 3[penalties]  and expenses.— If the owner 

or his agent appear and refuse or omit to pay or (in the case mentioned in section 15) to 4[deposit the said 

penalties imposed] and expenses, the cattle, or as many of them as may be necessary, shall be sold by 

public auction by such officer at such place and time, and subject to such conditions, as are referred to in 

section 14. 

5[Deduction of penalties and expenses].—The 6[penalties imposed] and the expenses of feeding and 

watering, together with the expenses of sale, if any, shall be deducted from the proceeds of the sale. 

Delivery of unsold cattle and balance of proceeds.—The remaining cattle and the balance of the 

purchase-money, if any, shall be delivered to the owner or his agent, together with an account showing—  

(a) the number of cattle seized, 

(b) the time during which they have been impounded, 

(c) the amount of 7[penalties] and charges incurred, 

(d) the number of cattle sold, 

(e) the proceeds of sale, and 

(f) the manner in which those proceeds have been disposed of. 

Receipts.—The owner or his agent shall give a receipt for the cattle delivered to him and for the 

balance of the purchase-money (if any) paid to him according to such account. 

STATE AMENDMENT 

Maharashtra 

Amendment of section 16 of Act 1 of 1871.—In section 16 of the principal Act, for the first and 

second paragraphs the following new paragraphs shall be substituted, namely:- 

“If the owner or his agent appears and refuses or omits to pay the said fines and expenses and to 

deposit the said amount of security or (in the case mentioned in section 15) to deposit the said fines, 

 
1. Subs. by Act 8 of 2026, s. 2 and Sch., for “appear and refuse to pay the said fines and expenses” (w.e.f. 1-6-2026). 
2. Subs. by s. 2 and Sch., ibid., for “deposit of the fines” (w.e.f. 1-9-2026). 

3. Subs. by s. 2 and Sch., ibid., for “fines” (w.e.f. 1-6-2026). 

4. Subs. by s. 2 and Sch., ibid., for “deposit the said fines” (w.e.f. 1-9-2026). 

5. Subs. by s. 2 and Sch., ibid., for “Deduction of fines and expenses” (w.e.f. 1-6-2026). 

6. Subs. by s. 2 and Sch., ibid., for “fines leviable” (w.e.f. 1-6-2026). 

7. Subs. by s. 2 and Sch., ibid., for “fines” (w.e.f. 1-6-2026). 



 

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expenses and amount of security or to make a declaration as required by section 12A, the cattle or as 

many of them as may be necessary, shall be sold by public auction by such officer, at such place and time, 

and subject to such conditions, as are referred to in section 14, or disposed of in accordance with the 

provisions therein. 

The fines leviable and the expenses of feeding and watering together with the expenses of safe, if any, 

and the amount of security prescribed under section 12A shall be deducted from the proceeds of the sale.” 

[Vide Bombay Act XIII of 1959, s. 8] 

17. Disposal of 1[penalties], expenses and surplus proceeds of sales.— The officer by whom the 

sale was made shall send to the Magistrate of the District 2[the penalties so deducted]. 

The charges for feeding and watering deducted under section 16 shall be paid over to the                       

pound-keeper, who shall also retain and appropriate all sums received by him on account of such charges 

under section 13. 

The surplus unclaimed proceeds of the sale of cattle shall be sent to the Magistrate of the District, 

who shall hold them in deposit for three months, and, if no claim thereto be preferred and established 

within that period, shall, at its expiry, 3[be deemed to hold them as part of the revenues of the State]. 

STATE AMENDMENT 

Maharashtra 

Amendment of section 17 of Act 1 of 1871.—In section 17 of the principal Act, after the second 

paragraph, the following new paragraph shall be inserted, namely:- 

“The amount of security required under section 12A shall be deposited with the pound-keeper.” 

[Vide Bombay  Act XIII of 1959, s. 9] 

18. [Application of fines and unclaimed proceeds of sale.] Rep. by the A.O. 1937. 

19. Officers and pound-keepers not to purchase cattle at sales under Act.—No officer of police 

or other officer or pound-keeper appointed under the provisions herein contained shall, directly or 

indirectly, purchase any cattle at a sale under this Act. 

Pound-keepers when not to release impounded cattle.—No pound-keeper shall release or deliver 

any impounded cattle otherwise than in accordance with the former part of this Chapter unless such 

release or delivery is ordered by a Magistrate or Civil Court. 

4[CHAPTER V 

COMPLAINTS OF ILLEGAL SEIZURE OR DETENTION 

20. Power to make complaints.—Any person whose cattle have been seized under this Act, or 

having been so seized, have been detained in contravention of this Act, may, at any time within ten days 

from the date of the seizure, make a complaint to the Magistrate of the District or any Magistrate 

authorised to receive and try charges without reference by the Magistrate of the District. 

21. Procedure on complaint.—The complaint shall be made by the complainant in person or by an 

agent personally acquainted with the circumstances. It may be either in writing or verbal. If it be verbal, 

the substance of it shall be taken down in writing by the Magistrate. 

If the Magistrate, on examining the complainant or his agent, sees reason to believe the complaint to 

be well founded, he shall summon the person complained against, and make an enquiry into the case. 

22. Compensation for illegal seizure or detention.— If the seizure or detention be adjudged illegal, 

the Magistrate shall award to the complainant, for the loss caused by the seizure or detention, reasonable 

compensation, not exceeding 5[five thousand rupees], to be paid by the person who made the seizure or 

 
1. Subs. by Act 8 of 2026, s. 2 and Sch., for “fines” (w.e.f. 1-6-2026). 

2. Subs. by s. 2 and Sch., ibid., for “the fines so deducted” (w.e.f. 1-6-2026). 
3. Subs. by the A.O. 1937, for “dispose of them as hereinafter provided”. 
4. Subs. by Act 1 of 1891, s. 6, for Chapter V. 
5. Subs. by Act 8 of 2026, s. 2 and Sch., for “one hundred rupees” (w.e.f. 1-6-2026). 



 

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detained the cattle 1 [together with all penalties paid] and expenses incurred by the complainant in 

procuring the release of the cattle, 

Release of cattle.—and, if the cattle have not been released, the Magistrate shall, besides awarding 

such compensation, order their release and direct that 2[the penalties imposed and expenses incurred] 

under this Act shall be paid by the person who made the seizure or detained the cattle. 

23. Recovery of compensation.— The 3[compensation, penalties and expenses] mentioned in section 

22 may be recovered as if they were fines imposed by the Magistrate.]4 

CHAPTER VI  

PENALTIES 

24. Penalty for forcibly opposing the seizure of cattle or rescuing the same.—Whoever forcibly 

opposes the seizure of cattle liable to be seized under this Act, 

and whoever rescues the same after seizure, either from a pound, or from any person taking or about 

to take them to a pound, such person being near at hand and acting under the powers conferred by this 

Act, 

shall, 5[on being found in default by the adjudicating officer, be liable to penalty of not exceeding five 

thousand rupees]. 

625. Recovery of penalty for mischief committed by causing cattle to trespass.— 7[Any penalty 

imposed under the next following section or for mischief] by causing cattle to trespass on any land may 

be recovered by sale of all or any of the cattle by which the trespass was committed, whether they were 

seized in the act of trespassing or not, and whether they are the property of 8[the person found liable], or 

were only in his charge when the trespass was committed. 

9[26. Penalty for damage caused to land or crops or public roads by pigs and cattle.—(1) Any 

owner or keeper of pigs who, through neglect or otherwise, damages or causes or permits to be damaged 

any land, or any crop or produce of land, or any public road, by allowing such pigs to trespass thereon, 

shall, on being found in default by the adjudicating officer be liable to penalty not exceeding one 

thousand rupees. 

(2) Any owner or keeper of cattle who, through neglect or otherwise, damages or causes or permits to 

be damaged any land or any crop or produce of land or any public road, by allowing such cattle to 

trespass thereon, shall, on being found in default by the adjudicating officer be liable to penalty not 

exceeding five thousand rupees.] 

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STATE AMENDMENTS 

Assam 

Substitution of Section 26.—In the principal Act, for section 26, the following section shall be 

substituted, namely: — 

“26. Penalty for damage caused to land or crops or public roads or for injury caused to any 

person by cattle or for cattle on public roads.— 

 
1. Subs. by Act 8 of 2026, s. 2 and Sch., for “together with all fines paid” (w.e.f. 1-6-2026). 

2. Subs. by s. 2 and Sch., ibid., for “the fines and expenses leviable” (w.e.f. 1-6-2026). 

3. Subs. by s. 2 and Sch., ibid., for “compensation, fines and expenses” (w.e.f. 1-6-2026). 
4. See ss. 63 to 70 of the Indian Penal Code (45 of 1860), and s. 421 of the Code of Criminal Procedure, 1973 (2 of 1974); cf. 

also. s. 25 of the General Clauses Act, 1897 (10 of 1897). 

5. Subs. by Act 8 of 2026, s. 2 and Sch., for certain words (w.e.f. 1-6-2026). 
6.  As to the application of s. 25 in the case of cattle-trespassing on a railway, see the Indian Railways Act, 1890 (9 of 1890),                 

s. 125 (3) of the General Clauses Act, 1897 (10 of 1897). 

7.  Subs. by Act 8 of 2026, s. 2 and Sch., for certain words (w.e.f. 1-6-2026). 

8.   Subs. by s. 2 and Sch., for “the person convicted of the offence” (w.e.f. 1-6-2026). 

9.    Subs. by s. 2 and Sch., for section 26 (w.e.f. 1-6-2026). 
10. The last paragraph of section 26 rep. by Act 10 of 1914. 

  



 

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(1) Any owner or keeper or attendant of cattle who through neglect or criminal motive or otherwise 

damages or causes or permits to be damaged any land or any crop or produce of land or any public road 

or anything or causes injury to any person or persons by allowing such cattle to trespass thereon, or lets 

loose any cattle to stray on any public road and thereby causes obstruction to traffic shall, on conviction 

before a judicial magistrate, be punishable with fine which shall not be less than five hundred rupees but 

which may extend to one thousand rupees and in default of payment of fine, simple imprisonment for a 

term not exceeding one month for the first offence and for the subsequent offences, fine not less than one 

thousand rupees but which may extend to two thousand rupees or to simple imprisonment for a term 

which may extend to three months. 

(2) While convicting such person under sub-section (1), the magistrate may order him to pay the 

person whose land, or crop or produce of land or anything has been damaged or the person who is injured, 

such compensation depending upon the value of the loss or expenses so incurred for the medical 

treatment, as may be considered reasonable and in default of payment, the cattle in respect of which the 

offence has been committed shall be forfeited and sold on auction in order to compensate the person so 

aggrieved.” 

[Vide Assam Act 15 of 2002, s. 2.] 

Insertion of section 26A.— In the principal Act, after section 26, the following new section 26A shall 

be inserted namely: — 

“26A. Cognizance of offence.—No Court shall take cognizance of any offence punishable under 

section 26 except on a report in writing of the facts constituting such offence made by the person 

aggrieved by such offence or by person who is a public servant as defined in section 21 of the Indian 

Penal Code, 1860 (Act 45 of 1860).” 

[Vide Assam Act 15 of 2002, s. 3.] 

Uttar Pradesh 

Uttar Pradesh Amendment of section 26 of Act (1 of 1871).—For section 26 of the Cattle Trespass 

Act, 1871, (hereafter called the principal Act), the following shall be substituted—  

“26. Penalty for damage caused to land by cattle.—Any owner, keeper or attendant of cattle, who 

though neglect or otherwise, damages or causes or permits to be damaged any land, or any crop or 

produce of land by allowing such cattle to trespass thereon, shall on conviction before a Magistrate, be 

liable to a fine not less than Rs. 10 but not exceeding Rs. 250 or to imprisonment for a term not exceeding 

three months or to both.”  

[Vide Uttar Pradesh Act 7 of 1954, s. 2] 

Uttar Pradesh Amendment of section 26 and 28 of Act (1 of 1871).—The State Government may, 

by notification in the official Gazette, with respect to any local area specified in the notification declare 

that section 26 of the Principal Act, as amended by this Act and section 28 of the Principal Act, shall 

stand further amended and modified as specified in the Schedule and with effect from the date of the said 

declaration the Principal Act shall stand amended accordingly.  

2. Application of fines recovered under section 25, 26 or 27.—For section 28 of the Principal Act, 

the following shall be substitute---  

“28. Application of fines recovered under sections 25, 26 or 27.—All fines recovered under 

section 25, clause (a) of section 26 or section 27 may be appropriated in whole or in part as 

compensation for loss or damage proved to the satisfaction of the Convicting Magistrate.”  

[Vide Uttar Pradesh Act 7 of 1954, s. 3] 

Maharashtra 

In section 26,-- 

(a) the first paragraph shall be numbered as sub-section (1) of that section; 

(b) after sub-section (1) so numbered, the following sub-sections shall be inserted, namely:-- 

“(2) The Magistrate trying the offence under sub-section (1) may order,-- 

javascript:fnOpenLinkPopUp('782','15803');


 

14 

 

(a) that the accused shall pay such compensation, not exceeding two hundred and fifty 

rupees, as the Magistrate considers reasonable, to any person for any damage proved to have 

been caused to his crop or other produce of land by the accused committing the offence; 

(b) that the pigs in respect of which the offence has been committed shall be forfeited to the 

State Government. 

(3) Any compensation awarded under sub-section (2) may be recovered as if it was a fine 

imposed under this section.”; 

(c) the second paragraph shall be numbered as sub-section (4) of that section and in                  

sub-section (4) so numbered the words “the foregoing portion of” shall be deleted; 

[Vide Bombay Act XXXIV of 1950, s. 2] 

27. Penalty on pound-keeper failing to perform duties.— Any pound-keeper releasing or 

purchasing or delivering cattle contrary to the provisions of section 19, or omitting to provide any 

impounded cattle with sufficient food and water, or failing to perform any of the other duties imposed 

upon him by this Act, shall, over and above any other penalty to which he may be liable, 1[on being found 

in default by the adjudicating officer, be liable to penalty, not exceeding five thousand rupees and such 

penalty] may be recovered by deductions from the pound-keeper’s salary.  

2[27A. Adjudication of penalties.—For the purpose of adjudicating penalties under the provisions of 

this Act and the rules made thereunder, the State Government or the Union territory administration, may 

authorise the Sub-Divisional Magistrate or any other Executive Magistrate, as the case may be, having 

jurisdiction, as an adjudicating officer for holding an inquiry and imposing penalties in such manner as 

may be prescribed by the Central Government: 

Provided that no such penalty shall be imposed without giving the person concerned a reasonable 

opportunity of being heard. 

27B. Appeal.—(1) Whoever aggrieved by an order of the adjudicating officer under section 27A 

may, within thirty days from the date of receipt of the such order, prefer an appeal to the District 

Magistrate or the Additional District Magistrate specially authorised in this behalf by the State 

Government or the Union territory administration as an appellate authority, in such form and manner as 

may be prescribed by the Central Government. 

(2) An appeal may be admitted to after the expiry of the period of thirty days, if the appellant satisfies 

the appellate authority that he had sufficient cause for not preferring the appeal within that period. 

(3) The appellate authority may, after giving the parties to the appeal an opportunity of being heard, 

pass such order as he may think fit. 

(4) An appeal under sub-section (1) shall be disposed of within sixty days from the date of filing. 

27C. Imprisonment for non-payment of penalty.—Where any person fails to pay the penalty 

imposed under the provisions of this Act and the rules made thereunder within ninety days of such 

imposition, he shall be punishable with imprisonment for a term which may extend to three months or 

with fine which may extend to twice the amount of the penalty, or with both.] 

3 [28. Remittance of penalty.—(1) Where an adjudicating officer imposes a penalty under the 

provisions of this Act and the rules made thereunder, the amount of said penalty realised shall be credited 

to the fund of the Animal Welfare Board of India constituted under the Prevention of Cruelty to Animals 

Act, 1960 (59 of 1960). 

(2) The Board referred to in sub-section (1) shall utilise the amount realised through penalty under 

sub-section (1) for the implementation of the provisions of the Act and the rules made thereunder in such 

manner as may be prescribed by the Central Government.] 

 
1. Subs. by Act 8 of 2026, s. 2 and Sch., for certain words (w.e.f. 1-6-2026). 

2. Ins. by s. 2 and Sch., ibid. (w.e.f. 1-6-2026). 

3. Subs. by s. 2 and Sch., ibid., for section 28 (w.e.f. 1-6-2026). 



 

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STATE AMENDMENT 

Maharashtra 

After section 28, the following section shall be inserted, namely:-- 

“28A. Offence under section 26 of the be cognizable.—The offence under section 26 shall be 

cognizable.” 

[Vide Bombay Act XXXIV of 1950, s. 2] 

CHAPTER VII 
1[APPLICATION FOR COMPENSATION] 

29. Saving of right to 2[apply for compensation].—Nothing herein contained prohibits any person 

whose crops or other produce of land have been damaged by trespass of cattle from 3 [making an 

application for compensation to the adjudicating officer]. 

STATE AMENDMENT 

Maharashtra 

Substitution of new section 29 for existing section 29 of Act 1 of 1871.—In the principal Act, for 

the existing section 29, the following new section shall be substituted, namely:-- 

“29. Saving of right to sue for compensation.—Nothing herein contained prohibits any person 

whose property, crops or other produce of land have been damaged or to whom any hurt or injury or 

obstruction has been caused by trespass of cattle from suing for compensation in any competent 

court.”  

[Vide Bombay Act XIII of 1959, s. 10] 

30. Set-off.— Any compensation paid to such person under this Act by order of the 4[adjudicating 

officer] shall be set-off and deducted from any sum claimed by or awarded to him as compensation in 
5[such complaint]. 

6[CHAPTER VIII 

SUPPLEMENTAL 

31. Power for State Government to transfer certain functions to local authority.—The State 

Government may, from time to time by notification in the Official Gazette,—  

(a) transfer to any local authority within any part of the territories under its administration in 

which this Act is in operation, all or any of the functions of the State Government or the Magistrate of 

the District under this Act, within the local area subject to the jurisdiction of the local authority. 
7*   *   *              *                       *] 

8 [32. Power of Central Government to make rules.—(1) The Central Government may, by 

notification in the Official Gazette, make rules not inconsistent with the provisions of this Act, to carry 

out the provisions of this Act. 

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may 

provide for all or any of the following matters, namely:— 

(a) the manner of holding an inquiry and imposing penalties under section 27A; 

(b) the form and manner of appeal under sub-section (1) of section 27B; and 

(c) the manner of utilisation of penalty amount under sub-section (2) of section 28. 

(3) Every rule made under this Act shall be laid, as soon as may be after it is made, before each 

House of Parliament, while it is in session, for a total period of thirty days which may be comprised 

in one session or in two or more successive sessions, and if, before the expiry of the session 

 
1. Subs. by Act 8 of 2026, s. 2 and Sch., for chapter heading (w.e.f. 1-6-2026). 

2. Subs. by s. 2 and Sch., ibid., for marginal heading (w.e.f. 1-6-2026). 

3. Subs. by s. 2 and Sch., ibid., for “sue for “suing for compensation in any competent Court” (w.e.f. 1-6-2026). 

4. Subs. by s. 2 and Sch., ibid., for “convicting Magistrate” (w.e.f. 1-6-2026). 

5. Subs. by s. 2 and Sch., ibid., for “such suit” (w.e.f. 1-6-2026). 
6. Chapter VIII was added by Act 1 of 1891, s. 9. 
7. Cl. (b) was rep. partially by Act 10 of 1914 and partially by the A.O. 1937. 
8. Ins. by Act 8 of 2026, s. 2 and Sch. (w.e.f. 1-6-2026). 



 

16 

 

immediately following the session or the successive sessions aforesaid, both Houses agree in making 

any modification in said rules or both Houses agree that the rules should not be made, the rules shall 

thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, 

any such modification or annulment shall be without prejudice to the validity of anything previously 

done under that rule.] 

STATE AMENDMENT 

Maharashtra 

Insertion of new section 32 after section 31 of Act 1 of 1871.—After section 31 of the principal 

Act, the following new section shall be inserted, namely:-- 

“32. Power to make rules.—(1) The State Government may, by notification in the Official 

Gazette, make rule for carrying into effect the purposes of this Act. 

(2) In particular but without prejudice to the generality of the foregoing provision, such rules may 

provide for the following, namely:-- 

(i) the form of, and the procedure relating to, the declaration, and the scales of deposits to be 

made, under section 12A; 

(ii) the procedure regulating the making of security deposits, custody and refund thereof; 

(iii) the manner in which any cattle may be disposed of; 

(iv) any other matter which is to be or may be prescribed. 

(3) The power to make rules under this section shall be subject to the condition of previous 

publication in the official Gazette. 

(4) All rules make under this section shall be laid before each house of the Legislature as soon as 

may be after they are made, and shall be subject to such modifications as the State Legislature may 

make during the session in which they are so laid, or the session immediately following.” 

[Vide Bombay XIII of 1959, s. 11] 

[SCHEDULE.] Rep. by the Repealing Act, 1938 (1 of 1938). 

  



 

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STATEMENT OF OBJECTS AND REASONS 

The primary object of this Bill is to consolidate the law relating to cattle-trespass, which is now 

scattered through three Acts,—III of 1857, V of 1860, and XXII of 1861. The opportunity has been taken 

to improve the arrangement and the wording of the law; to provide that damages awarded for illegal 

seizures may be recovered as if they were fines; and (with reference to the case of Reg. V. Lingana bin 

Giubana, 4 Bom. High Court Rep. C. C. 14) to declare expressly that a person when, trough neglect 

permits a public road to be damaged by allowing thispigs to trespass thereon, is liable to be fined. The 

cases of Reg. v. Mir Saheb Cassamia, 1 Bom. High Court Rep. 100; Reg. v. Mathur Purshotam, 4 ib. C. 

C. 13; and Reg. v. Ganga Kom Mhasu, 5 ib. C. C. 13, have also been carefully considered.  

 

 

SIMLA;                                                                                                                            F. R. COCKERELL. 

The 20th September, 1870