118. Penalty for failure to keep in confinement cattle, etc.
(1)In any local area in which the State Government by notification in the Official Gazette brings this section into force, whoever through neglect or otherwise fails to keep in confinement or under restrain between one hour after sunset and sunrise any cattle which are his property or in his charge shall, on conviction, be punished,––(i)for the offence, with imprisonment for a term which may extend to one month or with fine which may extend to four thousand rupees;(ii)for the second or subsequent offence, with imprisonment for a term which may extend to six months or with fine which may extend to five thousand rupees or with both.Explanation.––Cattle shall not be deemed to be kept in confinement within the meaning of this sub-section unless they are effectively confined within a fence, wall or other enclosure and shall not be deemed to be kept under restraint within the meaning of this sub-section unless they are restrained by means of a rope or other attachment.(1A)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 damages proved to have been caused to his property or to produce of land by the cattle under the control of the accused trespassing on his land; and also(b)that the cattle in respect of which the offence has been committed shall be forfeited to the State Government.(1B)Any compensation awarded under sub-section (1A) may be recovered as if it were a fine imposed under this section.(1C)The offence under this section shall be cognizable.(2)Any person may seize any cattle not being kept in confinement or under restraint as required by this section and may take or send the same to the nearest cattle-pound, and the owner and other persons concerned shall thereon become subject to the provisions of the Cattle Trespass Act, 1871 or of the Hyderabad Cattle Trespass Act, as the case may be. All officers of Police and all police-patels and all members of the village police shall when required, aid in preventing resistance to such seizures and rescues from persons making such seizures.(3)Any fine imposed under this section, may without prejudice to any other means of recovery provided of law, be recovered by sale of all or any of the cattle in respect of which the offence was committed, whether they are the property of the person convicted of the offence or were only in his charge when the offence was committed.
