In force · As amended up to 2026-08
" 26. Penalty for damage caused by land by cattle
1. For section 26 of the Principal Act, amended by this Act, the following shall be substituted—
" 26. Penalty for damage caused by land by cattle .—Any owner, keeper or attendant of cattle, who through neglect or otherwise, damage or causes or permits to be damaged any land or any crop or produce of land by allowing such cattle to trespass thereon, shall, on conviction before a Magistrate, be liabel—
(a) for first offences to a fine not less than Rs. 10 bot not exceeding Rs. 250 or to imprisonment for a term not exceeding three months or of both.
(b) for the second or subsequent offence to an imprisonment for a term not exceeding three months and fine not exceeding Rs. 500.
1. This Act has been amended locally— in Ajmer by Ajmer Act 5 of 1954;
in Assam by Assam Act 1 of 1936;
in Bombay by Bombay Acts 9 of 1924, 4 of 1926, 5 of 1931 and 13 of 1959;
in Madhya Pradesh by C. P. Acts 12 of 1935, 22 of 1937, C. P. & B. Act 27 of 1948 and Madhya Pradesh Act 11 of 1960; in Orissa by Orissa Acts 15 of 1948 and 23 of 1950;
in Punjab by Punjab Acts 24 of 1952 and 18 of 1959;
in Sambalpur District by Orissa Act 6 of 1939;
in U.P. by U.P. Act 7 of 1954;
in West Bengal by Bengal Act 5 of 1934 and rep. in pt. by Ben. Act 14 of 1947, West Ben. Acts 7 of 1948 and 4 of 1956; in Madras by Madras Act 20 of 1957;
in Andhra Pradesh by Andhra Pradesh Act 3 of 1961;
in Himachal Pradesh by Himachal Pradesh Act 7 of 1974.
The Act has been extended to the whole of Madhya Pradesh by Madhya Pradesh Act 23 of 1958 (when notified), to the NEFA by Reg. 3 of 1960, s. 3 and Sch., subject to certain modifications (w.e.f. 1-11-1960), extended to and brought into force in Dadra and Nagar Haveli by Reg. 6 of 1963, s. 2 and the First Schedule (w.e.f. 1-7-1965) and to the whole of the Union territory of Lakshadweep by Reg. 8 of 1965, s. 3 and the Schedule (w.e.f. 1-10-1967). The Act came into force in Pondicherry on 1-10-1963 vide Reg. 7 of 1963, s. 3 and the First Schedule The Act has been repealed in its application to Ballery District by Mysore Act 5 of 1955 and to Malabar District of Kerala by Kerala Act 26 of 1961.
2. Subs. by Act 1 of 1891, s. 1, for section 1.
3. Subs. by the Adaptation of Laws (No. 2) Order, 1956, for "Part B States".
4. Sub-section (3) rep. by Act 10 of 1914, s. 3 and the Second Schedule.
5. Added by Act 1 of 1891, s. 2.
CHAPTER I
PRELIMINARY
2[ 1. Title and extent.— (1) This Act may be called the Cattle-trespass Act, 1871; and
(2) It extends to the whole of India except[3] [the territories which, immediately before the 1st November, 1956, were comprised in Part B States], and the presidency-towns and such local areas as the State Government, by notification in the Official Gazette, may from time to time exclude from its operation.
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2. [ Repeal of Acts. References to repealed Acts .] Rep. by the Repealing Act , 1938 (1 of 1938).
1. See ss. 63 to 70 of the Indian Penal Code (45 of 1860), and s. 421 of the Cede of Criminal Procedure, 1973 (2 of 1974); cf. also. s. 25 of the General Clauses Act, 1897 (10 of 1897).
1. Chapter VIII added by Act 1 of 1891, s. 9.
2. Clause (b) rep. partially by Act 10 of 1914 and partially by the A.O. 1937.
[ SCHEDULE. ] Rep. by the Repealing Act , 1938 (1 of 1938).
STATE AMENDMENT
Uttar Pradesh Amendment of section 26 and 28 of Act (1 of 1971).— The State Government may, by notification in the official Gazette, with respect to any local area specified in the notification declare that section 26 of the Principal Act, as amended by this Act and section 28 of the Principal Act, shall stand further amended and modified as specified in the Schedule and with effect from the date of the said declaration the Principal Act shall stand amended accordingly.
SCHEDULE
Source: India Code