#THE CATTLE-TRESPASS ACT, 1871 
__________ 

##ARRANGEMENT OF SECTIONS 
__________ 

PREAMBLE 

###CHAPTER I 

###PRELIMINARY 

SECTIONS 

1. Title and extent. 

2. [Repealed.]. 

3. Interpretation clause. 

##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. Fines for cattle impounded. 
List of fines and charges for feeding. 

##CHAPTER IV 

###DELIVERY OR SALE OF CATTLE 

13. Procedure when owner claims the cattle and pays fines 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 fines and expenses. 
Deduction of fines and expenses. 
Delivery of unsold cattle and balance of proceeds. 
Receipt.

17. Disposal of fines, 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 [Repealed.]. 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. 

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

28. Application of fines recovered under section 25, 26 or 27. 

##CHAPTER VII 

###SUITS FOR COMPENSATION 

29. Saving of right to sue for compensation.  

30. Set-off.  

##CHAPTER VIII 

###SUPPLEMENTAL 

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

SCHEDULE.—[Repealed.]. 



#THE CATTLE-TRESPASS ACT, 1871 

##ACT NO. 1 OF 1871 [^1]

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 :—  

[13th January, 1871.] 

#CHAPTER I

##PRELIMINARY 

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 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.

###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] 

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 References to repealed Acts.]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



[^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, 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, 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 3 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  the  First  Schedule (w.e.f. 1-7-1965) and to the whole of the 
Union territory of Lakshadweep by Reg. 8 of 1965, s. 3 and the Schedule (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 the First Schedule  
  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.

 
                                                      
3. **Interpretation clause.**— In this Act,—  

“officer of police” includes also village-watchman, and 

“cattle” includes also elephants, camels, buffaloes, horses, mares, geldings, ponies, colts, fillies, 
mules, asses, pigs, rams, ewes, sheep, lambs, goats and kids, and 

“local authority” means any body of persons for the time being invested by law with the control 
and administration of any matters within a specified local area, and 

“local fund” means any fund under the control or management of a local authority.

##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.

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 the Indian Penal 
Code (45 of 1860).

###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 animals, 

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

(c)  the name and residence of the seizer, 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. 

##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 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] 

11. **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 send them or cause them to be sent within twenty-four hours to the nearest pound.

12. **Fines for cattle impounded.**—For  every  head  of  cattle  impounded  as  aforesaid,  the  pound-
keepers  shall  levy  a  fine  in  accordance  with  the  scale  for  the  time  being  prescribed  by  the  State 
Government in this behalf by notification in the Official Gazette. Different scales may be prescribed for 
different local areas. 

All fines so levied shall be sent to the Magistrate of the District through such; officer as the State 
Government may direct. 

**List of fines and charges for feeding.**—A list of the fines and of the rates of charge for feeding and 
watering cattle shall be posted in a conspicuous place on or near to every pound.

###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] 

**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 fines 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 
payment of the fines 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 direct: 

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. 

15. **Delivery to owner disputing legality of seizure but making deposit.**— If the owner or his agent 
appear and refuse to pay the said fines 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  deposit of the fines and charges 
incurred in respect of the cattle, the 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 fines and expenses.**—If the owner or his 
agent appear and refuse or omit to pay or (in the case mentioned in section 15) to deposit the said fines 
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. 

**Deduction of fines and expenses.**—The fines leviable 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 fines 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, 
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 fines, expenses and surplus proceeds of sales.**—The officer by whom the sale was 
made shall send to the Magistrate of the District the fines 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, 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. 

##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  one  hundred  rupees,  to  be  paid  by  the  person  who  made  the  seizure  or 
detained the cattle together with all fines 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 the fines and expenses leviable under this Act shall 
be paid by the person who made the seizure or detained the cattle.

23. **Recovery of compensation.**—The compensation, fines and expenses mentioned in section 22 
may be recovered as if they were fines imposed by the Magistrate.

##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, on conviction before a Magistrate, be punished with imprisonment for a period not exceeding 
six months, or with fine not exceeding five hundred rupees, or with both.  

25. **Recovery of penalty for mischief committed by causing cattle to trespass.**—Any  fine 
imposed 21 under the next following section or for the offence of 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 the person 
convicted of the offence, or were only in his charge when the trespass was committed. 

26. **Penalty for damage caused to land or crops or public roads by pigs.**—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 conviction 
before a Magistrate, be punished with fine not exceeding ten rupees. 

3[The 4[State Government], by notification in the Official Gazette, may from time to time with respect 
to any local area specified in the notification, direct that the foregoing portion of this section shall be read 
as if it had reference to cattle generally, or to cattle of a kind described in the notification, instead of to 
pigs only, or as if the words “fifty rupees” were substituted for the words “ten rupees,” or as if there were 
both such reference and such substitution.]

###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) 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 1971).**—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, 
beliable  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] 

**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,-- 

     (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, be punished, on 
conviction before a Magistrate, with fine not exceeding fifty rupees.

Such fines may be recovered by deductions from the pound-keeper’s salary.

28. **Application of fines recovered under section 25, 26 or 27.**—All fines recovered under section 
25, 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.

###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 

###SUITS FOR COMPENSATION 

29. **Saving of right to sue for compensation.**—Nothing herein contained prohibits any person whose 
crops or other produce of land have been damaged by trespass of cattle from suing for compensation in 
any competent Court.

###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  convicting 
Magistrate shall be set-off and deducted from any sum claimed by or awarded to him as compensation in 
such suit.

##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.

###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).

###STATE AMENDMENT  

**Uttar Pradesh Amendment of section 26 and 28 of Act (1 of 1971).**—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.

###SCHEDULE 

1. For section 26 of the Principal Act, amended by this Act, the following shall be substituted— 

“**26. Penalty for damage caused by land by cattle.**—Any owner, keeper or attendant of cattle, 
who through neglect or otherwise, damage 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 liabel— 

(a) for first offences to a fine not less than Rs. 10 bot not exceeding  Rs.  250  or  to 
imprisonment for a term not exceeding three months or of both. 

(b)  for  the  second  or  subsequent  offence  to  an  imprisonment  for  a  term  not  exceeding 
three months and fine not exceeding Rs. 500.  

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]