85. Penalty for failure to keep in confinement cattle, etc.
(1)Whoever allows any cattle, which are his property or in his charge, to stray in any street or to trespass upon any public or private property, shall on conviction be punished-(a)for the first offence, with imprisonment for a term which may extend to one month or with fine which may extend to one thousand rupees, or with both; and(b)for the second or subsequent offence, with imprisonment for a term which may extend to six months, or with fine which may extend to two thousand rupees, or with both.(2)The Magistrate trying an offence under Sub-section (1) may order that the accused shall pay such compensation not exceeding one thousand rupees as such Magistrate considers reasonable, to any person for any damage proved to have been caused to his property or the produce of his land by the cattle under the control of the accused trespassing on his land.(3)Any compensation awarded under Sub-section (2) may be recovered in the manner provided in Sections 421 and 422 of the Code of Criminal Procedure, 1973, as if it were a fine imposed on any offender by a Court.(4)It shall be the duty of every police officer and it shall be lawful for any other person to seize and take to any cattle pound for confinement therein any cattle found straying in any street or trespassing upon any private or public property.(5)Any fine imposed under this section may, without prejudice to any other means of recovery provided by law, be recovered by sale of all or any of 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.(6)Notwithstanding anything contained in the Code of Criminal Procedure, 1973 the offence punishable under this section shall be cognizable.
