Akta Binatang 1953 - Section 44. Penalty For Cruelty To Animals. Tuesday, 29th Nov 2011, by SPCA Sarawak Visit Website    |    View Original Article

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Section 44. Penalty for cruelty to animals

(1) Any person who—

(a) cruelly beats, kicks, ill-treats, overrides, overdrives, overloads, tortures, 

infuriates or terrifies any animal;

(b)  causes or procures or, being the owner, permits any animal to be so 

used;

(c) being in charge of any animal in confinement or in course of transport 

from one place to another neglects to supply such animal with sufficient 

food or water;

(d) by wantonly or unreasonably doing or omitting to do any act, causes 

any unnecessary pain or suffering, or, being the owner, permits any 

unnecessary pain or suffering to any animal;

(e)  causes, procures or, being the owner, permits to be confined,

conveyed, lifted or carried any animal in such manner or position as to 

subject it to unnecessary pain or suffering;

(f)  employs or causes or procures or, being the owner, permits to be 

employed in any work or labour, any animal which in consequence of any 

disease, infirmity, wound or sore, or otherwise is unfit to be so employed; 

or

(g) causes, procures or assists at the fighting or baiting of any animal, or 

keeps, uses, manages, or acts or assists in the management of any 

premises or place for the purpose, or partly for the purpose, of fighting or 

baiting any animal, or permits any premises or place to be so kept, 

managed or used, or receives or causes or procures any person to 

receive, money for the admission of any person to such premises or place, 

shall be guilty of an offence of cruelty and shall be liable to a fine of two 

hundred ringgit or to imprisonment for a term of six months or to both.

(2) For the purposes of this section an owner shall be deemed to have permitted 

cruelty within the meaning of this Part if he shall have failed to exercise 

reasonable care and supervision in respect of the protection of the animal from 

cruelty:27

Provided that where an owner is convicted of permitting cruelty within the 

meaning of this Act by reason only of his having failed to exercise such care and 

supervision, he shall not be liable to imprisonment without the option of a fine.

(3) Nothing in this section shall apply to the commission or omission of any act in 

the course of the destruction, or the preparation for destruction, of any animal as 

food for mankind, unless such destruction or such preparation was accompanied 

by the infliction of unnecessary suffering.

(4) Notwithstanding paragraph (l)(g) the Chief Minister in a State may by written 

permit authorize the wrestling of bulls in such State, subject to such conditions as 

may be specified in the permit either on a special occasion of public interest or if 

he is satisfied that such wrestling is beneficial to the breed and, in either case, 

that no cruelty to any animal will arise from such wrestling, and where such 

wrestling is conducted in accordance with the conditions of such permit 

paragraph (1 ) (g) shall be deemed not to apply to such wrestling.

Section 45. Power of veterinary authorities and police officers

(1) Any veterinary authority and any police officer may arrest without warrant any 

person whom he sees committing any offence under section 44, and may seize 

any animal in respect of which and any conveyance or article with or by means of 

which such offence has been committed.

(2) Any person so arrested and any conveyance or article so seized shall be 

immediately taken to a police station.

(3) Any animal so seized shall be taken to a police station or a pound or a 

veterinary centre and may, subject to any order made in respect of the animal by 

a Magistrate, be there detained until the accused has been tried.

(4) Any such officer may stop in any street or public place and examine any 

animal in respect of which he has reason to believe that an offence has been or 

is being committed under section 44.