Revised Cattle Trespass Bill Shifts to Civil Enforcement

Revised Cattle Trespass Bill Shifts to Civil Enforcement.webp

New Delhi, March 27 The Jan Vishwas Bill, introduced in the Lok Sabha on Friday, proposed a comprehensive overhaul of the 153-year-old Cattle Trespass Act, decriminalizing key offenses, replacing jail terms with financial penalties, and directing the collected fines towards animal welfare.

The Bill, which seeks to amend 79 central acts, proposes to significantly expand the definition of "cattle" – previously limited to a narrow range of bovines – to include camels, buffaloes, horses, pigs, sheep, and goats.

The Jan Vishwas (Amendment of Provisions) Bill, 2026, introduces two new officials into the enforcement framework of the Act: an "adjudicating officer" at the level of Sub-Divisional Magistrate or equivalent, and an "appellate authority" at the District Magistrate level, while also updating the definitions of "local authority" and "police officer."

Reflecting the broader legislative shift away from colonial-era criminal law, the Bill substitutes a reference to Section 6 of the Indian Penal Code with the corresponding provision – Clause 28 of Section 2 – of the Bharatiya Nyaya Sanhita, 2023.

In one of its most significant changes, the Bill replaces the word "fine" with "penalty" across Sections 12 to 17 and 22 to 27 – a shift that signals a move from criminal to civil enforcement.

Under the revised Section 12, state governments will be empowered to prescribe penalty scales for impounded cattle.

Existing provisions under which a Magistrate could impose imprisonment of up to six months or a fine of Rs 500 are replaced with adjudication by an officer empowered to levy a penalty of up to Rs 5,000.

Under a revised Section 26, neglect or damage involving pigs will attract a penalty of Rs 1,000, while offenses involving cattle will attract a penalty of up to Rs 5,000.

The Magistrate-imposed fine of Rs 50 under Section 27 is similarly replaced with an adjudicating officer-imposed penalty of up to Rs 5,000.

The Bill inserts Sections 27A and 27B into the Act. Section 27A provides for a formal adjudication process – including inquiry powers and penalty imposition with a mandatory hearing – while Section 27B lays out an appeals mechanism, allowing aggrieved parties 30 days to approach the District Magistrate, who must dispose of the appeal within 60 days.

A new Section 27C provides that failure to pay a penalty within 90 days will invite either three months' imprisonment or double the original penalty amount.

Under the proposed amendment to Section 28, all penalties collected under the Act will be directed to a dedicated fund under the Animal Welfare Board of India, to be used for welfare implementation.

The central government will also be empowered to frame rules governing inquiries, appeals, and the use of the fund – rules that will be placed before Parliament.
 
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adjudicating officer animal welfare animal welfare board of india appeal process appellate authority bharatiya nyaya sanhita cattle cattle trespass act financial penalties jan vishwas bill legal reform lok sabha penalties penalty scales state governments
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