Section 98:
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 three hundred 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 five hundred rupees, or with both.
(2) The Metropolitan Magistrate trying an offence under sub-section (1) may order
(a) that the accused shall pay such compensation not exceeding two hundred and fifty 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; and
(b) that the cattle in respect of which the offence has been committed shall be forfeited to the
Government.
(3) Any compensation awarded under sub-section (2) may be recovered as if it were a fine imposed
under this section.
(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 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.
(6) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), the
offence punishable under this section shall be cognizable.