UP Prevention of Cow Slaughter Act, 1955
UP Prevention of Cow Slaughter Act, 1955
UP Prevention of Cow Slaughter Act, 1955
2- Definitions
4- Omitted
6- Establishment of Institution
8- Amendment of section 8
9- Amendment of Section 9
1
For SOR See U.P .Gazette Extraordinary Dated 30 march 1955
2
Subs by sec 2 of U.P.Act no 14 of 2002
3
Del by sec 2(ii) of U.P.Act no 33 of 1958
1 [3.Prohibition of cow slaughter. - No person shall slaughter or cause to be
slaughtered or offer or cause to be offered for slaughter a cow, bull or bullock in any
place in Uttar Pradesh; anything contained in any other law for the time being in force
or an usage or custom to the contrary notwithstanding]
4. 2[*****]
.
5. Prohibition on sale of beef. - Except as herein excepted and notwithstanding
anything contained in any other law for the time being in force, no person shall sell or
transport or offer for sale or transport or cause to be sold or transported beef or beef-
products in any form except for such medicinal purposes as may be prescribed.
Exception. - A person may sell and serve or cause to be sold and served beef or beef
products for consumption by a bona fide passenger in an air-craft or railway train.
3[5A.Regulation on transport of cow, etc. - (1) No person shall transport or offer for
transport or cause to be transported any cow, or bull or bullock, the slaughter whereof
in any place in Uttar Pradesh is punishable under this Act, from any place within the
State to any place outside the State, except under a permit issued by an officer
authorised by the State Government in this behalf by notified order and except in
accordance with the terms and conditions of such permit.
(2) Such officer shall issue the permit on payment of such fee not exceeding 4 [five
hundred rupees] for every cow, bull or bullock as may be prescribed :
Provided that no fee shall be chargeable where the permit is for transport of the
cow, bull or bullock for a limited period not exceeding six months as may be specified
in the permit.
(3) Where the person transporting a cow, bull or bullock on a permit for a limited
period does not bring back such cow, bull or bullock into the State within the period
specified in the permit, he shall be deemed to have contravened the provision of sub-
section (1).
(4) The form of permit, the form of application therefor and the procedure for disposal
of such application shall be such as may be prescribed.
(5) The State Government or any officer authorised by it in this behalf by general or
special notified order, may, at any time, for the purpose of satisfying itself, or himself,
as to the legality or propriety of the action taken under this section, call for and
examine the record of any case and pass such orders thereon as it or he may deem
fit]3.
5 [(6)
Where the said conveyance has been confirmed to be related to beef by the
competent authority or authorised laboratory under this Act, the driver, operator and
1
Subs by sec 3 of U.P.Act no 14 of 2002
2
Omitt by sec 4 of U.P.Act no 14 of 2002
3
Ins by sec 2 of U.P.Act no 24 of 1979
4
Subs by sec 5 of U.P.Act no 14 of 2002
5
Ins by sec 2 of U.P.Act no 20 of 2020
owner related to transport, shall be charged with the offence under this Act, unless it
is not proved that the transport medium used in crime, despite all its precautions and
without its knowledge, has been used by some other person for causing the offence.
(7) The vehicle by which the beef or cow and its progeny is transported in violation of
the provisions of this Act and the relevant rules, shall be confiscated and seized by the
law enforcement officers. The concerned District Magistrate/Commissioner of Police
will do all proceedings of confiscation and release, as the case may be.
(8) The cow and its progeny or the beef transported by the seized vehicle shall also be
confiscated and seized by the law enforcement officers. The concerned District
Magistrate/ Commissioner will do all proceedings of the confiscation and release, as
the case may be.
(9) The expenditure on the maintenance of the seized cows and its progeny shall be
recovered from the accused for a period of one year or till the release of the cow and its
progeny in favour of the owner thereof whichever is earlier.
(10) Where a person is prosecuted for committing, abetting, or attempting to an
offense under Sections 3, 5 and 8 of this Act and the beef or cow-remains in the
possession of accused has been proved by the prosecution and transported things are
confirmed to be beef by the competent authority or authorised laboratory, then the
court shall presume that such person has committed such offence or attempt or
abetment of such offence, as the case may be, unless the contrary is proved.
(11) Where the provisions of this Act or the related rules in context of search,
acquisition, disposal and seizure are silent, the relevant provisions of the Code of
Criminal Procedure, 1973 shall be effective thereto.]1
2[5B- Insertion of Section 5B-. Whoever causes any physical injury to any cow or its
progeny so as to endanger the life thereof such as to mutilate its body or to transport
it in any situation whereby endangering the life thereof or with the intention of
endangering the life thereof does not provide with food or water shall be punished with
imprisonment for a term which shall not be less than one year and which may extend
to seven years and with fine which shall not be less than one Lakh rupees and which
may extend to three Lakh rupees.]
3[6. Establishment of Institution- There shall be establish by the State Government
or by any Establishment local authority wherever so directed by the State of
Institution Government or by a society registered under the Societies Registration Act,
1860 with prior permission of the State Government under such terms and conditions
as may be prescribed, institutions as may be necessary for taking case of cows, bulls
or bullocks.]
1
Ins by sec 2 of U.P.Act no 20 of 2020
2
Ins by sec 3 of U.P.Act no 20 of 2020
3
Ins by sec 6 of up act no 14 of 2002
1[7. Maintenance of cows etc. - (1) Any person may surrender his cow,bull or bullock
to a Goshala or an institution which shall accept such cow, bull or bullock according
to the availability of accommodation. Any cow, bull or bullock so surrendered shall not
be returned to such person.
(2) The State Government may make such other alternative and additional
arrangements for taking care of such cows, bulls or bullocks as it may deem
necessary.
(3) Any Goshala or any institution may receive any cow,bull or bullock for custody
from police or any other person which may be released to the owner on such terms
and conditions and in such manner and on payment of such charges as may be
prescribed]
2[7A. Insertion of Section 7A - (1) Notwithstanding, anything contained in the Code
of Criminal Procedure, 1973, no person charged with a criminal offence under this Act
or any rules made there under, while in custody, shall be released on bail or on his
own bond unless, -
(a) the Special Public Prosecutor is given an opportunity to oppose the application
to such release; and
(b) where the Special Public Prosecutor opposes the application, the court is
convinced that there is a reasonable basis for believing that he is not guilty of
such an offence and that it is unlikely to commit any offence while on bail.
(2) The restrictions regarding grant of bail under sub-section (1) shall be in addition to
the restrictions under the Code of Criminal Procedure, 1973.
(3) Under the provisions of this Act, every prosecutor of the State Prosecution Service,
who has been engaged in the prosecution work for seven years, by whatever name it is
known, shall be deemed to be a special public prosecutor.]
3[8. Amendment of section 8- (1) Whoever contravenes or attempts to contravene or
abets the contravention of the provisions of Section 3, Section 5 or Section 5-A shall
be guilty of an offence punishable with rigorous imprisonment for a term which shall
not be less than three years and which may be extend to ten years and with fine which
shall not be less than three Lakh rupees and which may extend to five Lakh rupees.
(2) Whoever after conviction of an offence under this Act is again guilty of an offence
under this Act, shall be punished with double the punishment provided for the said
offence for the second conviction.
(3) The names and the photograph of the person accused of the contravention of the
provision of Section 5-A shall be published at some prominent place in locality where
1
Subs by sec 7 of up act no 14 of 2002
2 Ins by sec 4 of U.P.Act no 20 of 2020
3 Subs by sec 5 of U.P.Act no 20 of 2020
the accused ordinarily resides or to a public place, if he conceals himself from the law
enforcement officers.]
1[9. Amendment of Section 9- Notwithstanding anything contained in the Code of
Criminal Procedure, 1973, an offence punishable under Section 5-B and sub-section
(1) of Section 8 shall be cognizable and non-bailable.]
10. Power to make rules. - (1) The State Government may make rules for the purpose
of carrying into effect the provisions of this Act.
(2) Without prejudice to the generality of foregoing powers, such rules may provide for-
(a) [*****]2
(aa) –[*****]2
(b) [*****]2
(c) [*****]2
3[(d) the procedure for surrender, acceptance custody and release of cows, bulls or
bullocks;
(dd) the terms and conditions of release of cows, bulls or bullocks.]
(e) the matters relating to the establishment, maintenance, management,
supervision and control of institutions referred to in Section 6;
(f) the duties of any officer or authority having jurisdiction under this Act, the
procedure to be followed by such officer or authority; and
(g) the matters which are to be and may be prescribed.
1
Subs by sec 6 of U.P.Act no 20 of 2020
2 Omitted by sec 9 of up act no 14 of 2002
3 Subs by sec 9 of up act no 14 of 2002