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Table of contents
Veterinary Jurisprudence
Undertaking of Cases
Eligibility for Performing Euthanasia
Methods of Euthanasia
Section 268 of I.P.C.
Cruelty to Animals Act Overview
Procedure for Handling Severely Injured Animals
Responsibility of Veterinary Practitioner
Duties in Common Law
Professional Discipline
Guidelines for Veterinary Practice
Owner's Responsibilities
Contract and Warranty
Liability
Responsibilities in Criminal Cases
Liability Concerning Premises
Liability for Vicious Animals
Negligent Conduct with Animals
Common Frauds in Livestock Sales
Common Frauds in Veterinary Practices
Veterinary Procedures
Common Offenses Against Animals in India
Summary and Notes on Animal Cruelty and Related Offences
Mischief towards Animals
Penalties and Legal Aspects
Investigation and Evidence Collection
Prevention and Legal Framework
The Role of Veterinary Forensic Medicine
Common Methods of Mischievous Animal Killing
Details on Poisoning
Forensic Veterinary Pathology Overview
Lightning and Electricity Related Deaths
Understanding Injuries and Euthanasia in Veterinary Medicine
Electric Shock Injuries
Euthanasia in Veterinary Practice

Veterinary Jurisprudence

  • Veterolegal Cases

    • Legal Procedure at an Inquest
    • In the case of an accident or unnatural death of an animal, the sub-inspector of police takes charge of the investigation. He conducts an inquiry in the presence of witnesses, documenting the apparent cause of death based on the condition of the body. This includes noting any wounds, fractures, or other injuries found, and speculating on how they were inflicted. The resulting report is signed by the investigating officer authorized to conduct such examinations.

    • Challenges in Police Reports
    • Police reports may lack detail due to limited observation skills or oversight of critical points. This can impact the accuracy and thoroughness of the investigation.

    • Medico-Legal Duties
    • Veterinarians have various responsibilities in the legal context. These include enforcing animal disease legislation, examining animals for signs of harm or cruelty, aiding in fraud detection related to animal identity, providing health certificates, and inspecting food products derived from animals.

    • Examples of Duties
    • For instance, a veterinarian may be called upon to examine an injured animal to determine the extent of its injuries or to certify the health status of an animal. They also play a role in ensuring the safety and quality of food products such as milk and meat.

Undertaking of Cases

  • All cases presented for treatment in government institutions must be taken up for treatment, except for cases that are incurable or contagious.
  • Veterinarians can decline treatment for animals that are vicious, causing annoyance, or posing a public nuisance, whether they are domesticated or wild.
  • Except for medico-legal cases, no police officer or other official can compel a veterinarian to attend a case.

Eligibility for Performing Euthanasia

  • Euthanasia, the painless destruction of an animal, is a veterinary procedure carried out for sentimental, economic, and other reasons, particularly for non-contagious incurable diseases or to relieve unbearable pain.
  • A veterinary practitioner is not obligated to perform euthanasia based solely on the owner's request. However, if a case becomes a public nuisance, the practitioner must carry out euthanasia upon written orders from a magistrate.

Methods of Euthanasia

  • Surgical methods include:
    • Shooting
    • Pithing
    • Cutting the posterior aorta per rectum
    • Electric Charge
  • Medicinal methods involve administering:
    • Magnesium sulfate
    • Chloral hydrate
    • Chloroform
    • Strychnine hydrochloride
    • Nembutal
    • Hydrocyanic acid
    • Carbon monoxide

Section 268 of I.P.C.

  • According to Section 268 of the Indian Penal Code, a person commits a public nuisance by performing an act or failing to act in a way that may cause common injury, danger, or annoyance to the public or people residing in the vicinity.
  • A common nuisance is not justified by any convenience or advantage it may provide.

Cruelty to Animals Act Overview

  • Section 10, Sub-section (ii) of the Cruelty to Animals Act deals with the situation where an animal is severely injured or diseased, and its condition warrants immediate action.
  • If a police officer above the rank of constable encounters an animal in such distress that moving it would cause further harm, they are authorized to take action.

Procedure for Handling Severely Injured Animals

  • If the owner is not present or refuses to allow the animal's destruction, the police officer must locate and call the veterinary officer responsible for the area.
  • The veterinary officer examines the animal and, if it is deemed beyond recovery, certifies it as mortally injured or severely injured to the extent that euthanasia is the humane course of action.
  • Following the veterinary officer's recommendation, the police officer, with approval from the Magistrate, can proceed to euthanize the animal or arrange for its euthanasia.

Responsibility of Veterinary Practitioner

  • The veterinary practitioner is accountable for any negligence by their assistants or trainees while under their supervision.
  • However, if negligence occurs in the absence of the practitioner or without their knowledge, they are not held responsible.

Duties in Common Law

  • The standard of care expected from a veterinary practitioner is that of a reasonable individual, determined based on evidence presented in court.
  • The practitioner is required to possess an average skill level comparable to their professional peers and is obligated to provide this level of skill regardless of whether the service is provided for free.
  • Negligence, defined as breaching legal duty, can occur through either failing to perform actions that a reasonable person would or by undertaking actions a reasonable person wouldn't.
  • When handling others' animals, the veterinary practitioner should always seek clear instructions and permission from the owner to avoid any potential legal issues related to trespass or negligence.
  • Trespass to goods can happen by actions such as taking possession of goods or engaging in activities immediately harmful to the possessor's interest, like harming or chasing animals without consent.

Professional Discipline

  • When a veterinary practitioner agrees to treat an animal, an implicit contract is formed with the owner, necessitating a reasonable standard of care and skill in treatment.
  • The practitioner must avoid implying guaranteed cures, maintain patient confidentiality, and bear responsibility for any losses incurred if the animal goes missing during treatment.

Guidelines for Veterinary Practice

Owner's Responsibilities

  • The owner is obligated to follow the practitioner's instructions.
  • It is the owner's duty to provide all necessary information about the patient.

Contract and Warranty

  • A contract involves a promise with consideration, comprising an offer and acceptance.
  • Warranty is an explicit or implicit assurance within a contract.
  • Practitioners should be cautious in their statements to avoid creating unintended guarantees.

Liability

  • There is currently no specific law governing veterinary practice in India.
  • Liabilities and privileges akin to medical practitioners do not directly apply to veterinarians.
  • Veterinarians working for the government are typically governed by departmental regulations.

Responsibilities in Criminal Cases

  • Veterinarians are obliged to examine animals or relevant materials in criminal cases.
  • They are expected to report criminal activities, such as poisoning, to the police.
  • Veterinarians should refrain from assuming a detective role and must truthfully respond to court inquiries.

Liability Concerning Premises

  • Veterinary practitioners must maintain their facilities in good condition and ensure safety.
  • They are accountable for any hazards posed by animals, staff, or contractors on their premises.

Liability for Vicious Animals

  • Liability for dangerous animals categorizes them as naturally ferocious or tame by nature.

Negligent Conduct with Animals

  • Section 289 of the Indian Penal Code outlines penalties for negligence concerning animal safety.

Common Frauds in Livestock Sales

  • Veterinarians may be involved in examining animals involved in fraudulent sales, punishable under Section 420 of the IPC.
  • Section 420 specifically addresses cheating and inducing delivery of property through dishonest means.

These guidelines emphasize the importance of ethical and responsible veterinary practice, ensuring the well-being of animals and the public.

Common Frauds in Veterinary Practices

  • Alteration of Description

    • Occurs with stolen or defective animals.
    • Methods include castration, clipping of mane and tail, docking tails, cutting ears, altering brand marks, and coloring white patches.
    • Detection methods involve rubbing with saline or ammonia to reveal original color.
  • Bishoping

    • Process to make aged animals appear younger.
    • Techniques involve burning holes in incisors and filling them with substances like marking nut.
    • Artificial methods like blowing air under the skin can also be used.
  • Doping

    • Veterinarians examine livestock products for fraud, especially in meat sales.
    • Issues like selling unfit meat and watering down milk are common.
    • Methods of detection include serological tests, blood smears, and comparative examinations.
  • Insurance of Animals

    • Valuable animals like cows and racehorses are insured against death or accidents.
    • Veterinarians assess animals for health and market value for insurance purposes.
    • Influences shortening an animal's life include unhealthy environments and previous diseases.
    • Presence of diseases in vital organs also affects insurance coverage.

Veterinary Procedures

  • When an insured animal passes away, a veterinarian is typically summoned to inspect the carcass and issue a death certificate. It is crucial to document a comprehensive description of the animal and conduct a detailed post-mortem examination to determine the cause of death. This information, although not always immediately necessary, can be valuable in case of any future disputes.
  • It can be challenging for a veterinarian to assess the market value of an animal accurately. While they can identify any defects, determining market value may not be within their expertise. In such cases, it is advisable for the veterinarian to refrain from providing a definitive opinion. However, if compelled to do so, they should express their limitations in giving a conclusive assessment.
  • Examination of living animals in criminal cases often involves animals being referred to a veterinarian by law enforcement for assessment and opinion on matters related to the case. The veterinarian receives accompanying information describing the animal and the case details. However, this information may be incomplete or unreliable at times.
  • Following the examination of a living animal in a criminal case, it is essential to document the time, date, and location of the examination, along with references to any accompanying communications. A thorough description of the animal and any identified defects should be recorded meticulously. These records should be maintained in a register or notebook for future reference.

Common Offenses Against Animals in India

  • Mischief: This offense encompasses actions such as killing, poisoning, maiming, or rendering an animal useless. Under Section 428 of the Indian Penal Code, individuals engaging in mischief towards animals valued at ten rupees or more may face imprisonment or fines.
  • Section 429 of the Indian Penal Code addresses more severe cases of mischief involving animals valued at fifty rupees or higher, such as elephants, camels, horses, and mules. Perpetrators of such acts could face extended terms of imprisonment or fines.

Mischief towards Animals

  • Mischief towards animals includes maiming, poisoning, and killing.
    • Maiming: This involves using violence to render an animal useless, often out of spite towards the owner or due to mistaken identity.
      • Nature of injuries, wound location, wound size, presence of bleeding, time since injury, prognosis, and impact on animal's functionality are key points to consider.
      • Injuries like fractures, horn breakage, tendon/ligament cuts, joint dislocations, eye injuries, udder damage, and abdominal wounds can render animals useless.
    • Cruelty: Commonly due to a sadistic nature, it involves acts like beating, overloading, starving, or administering harmful substances to animals.
    • Bestiality: Involves human-animal sexual intercourse, punishable under the law.
  • Penalties for cruelty include fines and imprisonment under relevant animal cruelty acts. The process of 'Phooka' is punishable by law.
  • Bestiality, defined under Section 377 I.P.C., carries severe penalties, including transportation or imprisonment.

Investigation and Evidence Collection

  • Examination of animals in cruelty cases involves assessing injuries, detecting foreign objects, and collecting evidence for legal proceedings.
  • Forensic examinations include checking for signs of abuse, collecting samples for analysis, and identifying potential sources of harm.
  • Acts like the Prevention of Cruelty to Animals Act aim to protect animals from harm and ensure legal action against offenders.
  • Provisions allow for the treatment of abused animals in recognized facilities with costs recovered from the owner.

The Role of Veterinary Forensic Medicine

  • Understanding the cause and manner of death in each case through veterinary knowledge and common sense.
  • Important considerations during examination:
    • Conduct examination in broad daylight.
    • Record date, place, position, altitude, and surroundings of the body.
    • Observe general features of carcasses, external appearances, and any injuries.
  • Keeping detailed records of lesions, both internal and external, regardless of their connection to the cause of death.
  • When specialized scientific assistance is needed, material should be sent to legally recognized experts.

Common Methods of Mischievous Animal Killing

  • Poisoning
  • Slaughtering
  • Violence
  • Starvation
  • Partly starvation
  • Drowning

Details on Poisoning

  • Poisoning, a prevalent method of animal killing, includes substances dangerous to life or likely to cause harm.
  • Common poisons found in malicious poisoning cases in India:
    • Arsenic: Used in paste form to destroy cattle.
    • Seeds of Abrus precatorius: Utilized to create sharp spikes for harming animals.
    • Snake venom: Applied through various cruel methods.
    • Calotropis gigantea, Aconite root, Mercuric chloride: Other poisons used for malicious intent.
  • Signs of poisoning to look for in examinations: pupil condition, corrosion marks in the mouth, throat, stomach, and intestines.

Forensic Veterinary Pathology Overview

  • When dealing with cases of potential poisoning in animals, it is crucial to collect and analyze samples from the stomach, rumen, kidney, liver, and urine. Additionally, a thorough examination of the entire body should be conducted to rule out other possible causes of death, even in cases where poisoning is suspected to be the primary reason.
  • Drowning, although uncommon as a method of maliciously killing animals, requires careful examination of bodies found in water to determine if drowning was the cause of death or if other factors were at play before drowning occurred. Signs of drowning include water in the lungs, thoracic cavities, bronchi, and trachea. Water in the stomach containing objects typically found in the water also indicates death by drowning.

Signs of Death by Drowning

  • Presence of water in the lungs, thoracic cavities, bronchi, and trachea, which may be accompanied by transudated water
  • Water in the stomach containing objects commonly found in water, suggesting ingestion during drowning
  • Accidental deaths due to lightning strikes or electric shocks can sometimes be mistakenly perceived as criminal acts. Lightning strikes often occur outdoors or under trees and can result in various external and internal injuries.
  • External signs of lightning strikes include ecchymoses, lacerations, fractures, burns, singeing of hair, blisters, reddish-brown markings, and burns. Internally, excessive brain hemorrhage may be observed.

Considerations for Lightning-Related Deaths

  • Verification of thunderstorm history in the area
  • Evidence of lightning effects near structures and trees
  • Fusion of metallic objects due to lightning discharge
  • Absence of wounds or injuries indicative of a homicidal cause of death

Understanding Injuries and Euthanasia in Veterinary Medicine

  • Electric Shock Injuries

    • Causes of Death: Electric shocks in urban areas can lead to injury or fatality, primarily from heart failure or respiratory paralysis. Burns at entry points and internal bleeding may also occur.
    • Other Causes of Death: While electric shocks are common, other causes like starvation, cold, heat, burn, strangulation, and throttling are less frequent.
    • Mechanical Injuries: These include abrasions, bruises, and wounds.
    • Abrasions: Loss of the skin's top layer due to friction, often caused by falls or blows. They can vary in size and shape, with minimal bleeding, and might appear dirty.
    • Bruises (Contusions): Result from blunt force, causing painful swelling, tissue damage, and sometimes internal bleeding. The color changes over days, indicating stages of healing.
    • Wounds: Blood clotting aids in wound healing by forming a scaffold of fibrin threads that trap blood cells and aid in tissue repair.
  • Euthanasia in Veterinary Practice

    • Definition and Purpose: Euthanasia involves painlessly ending an animal's life for compassionate reasons, often when treatment is futile, or the animal is in severe pain.
    • Veterinarian's Role: Veterinarians should provide information and options to owners, ensuring a well-informed decision-making process.
    • Legal Considerations: Owners must provide written consent for euthanasia, although in certain cases, veterinarians are legally obligated to proceed based on the owner's request.
    • Methods: Various methods of euthanasia exist, including inhalant agents, non-inhalant agents, and physical methods like electrocution and shooting.
    • Selection Criteria: Factors such as painlessness, speed of action, reliability, minimal stress, cost-effectiveness, and safety play a role in choosing an appropriate euthanasia method.
The document Supplementary Readings | Animal Husbandry & Veterinary Science Optional for UPSC is a part of the UPSC Course Animal Husbandry & Veterinary Science Optional for UPSC.
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