Offences and Penalties

(1) The offence under this Act shall be cognizable and non-bailable. (2) Any person who contravenes the provision of section 3 shall be guilty of committing of an offence punishable with an imprisonment for a term which shall not be less than 2 (two) years but may extend to 5 (five) years and with fine which shall not be less than Rs. 10,000/- (Rupees ten thousand) only. (3) Any person committing the same offence for the second time or subsequent time shall be punished with a rigorous imprisonment for a term which shall not be less than 5 (five) years but may extend to 7 (seven) years and with fine which shall not be less than Rs. 1,00,000/- (Rupees one lakh) only. (4) Any person who abets and attempt to contravene the provisions of section 3 shall be punished with an imprisonment for a term of 2 (two) years or with fine of Rs. 10,000/- (Rupees ten thousand) only. (5) Any person who fails to obtain a certificate in accordance with the provisions of sub-section (4) of section 4 shall be guilty of committing an offence and shall be liable to be punished with a simple imprisonment for a term of 1 (one) year or with a fine which shall not be less than Rs. 1000/- (Rupees one thousand) only or with both. (6) Where, in a trial for an offence punishable under sub-section (2) or sub-section (3), the accused pleads that the slaughtered cow belonged to the class specified in clause (a) of sub-section (1) of section 5, the burden of proving the said fact shall be on the accused. (7) Notwithstanding anything contained in the Code of Criminal Procedure, 1973; An officer/ public servant not below the rank of a veterinary officer shall lodge a first information report with regard to the commission of such offences as specified under the Act; such offences shall be tried in the competent court of Law having territorial jurisdiction in the State of Sikkim. (8) Any person who has witnessed or seen the occurrence or came to his knowledge about the commission of offence in contravention of the provision of section 3, may make a complaint/ first information report to the nearest police Station having territorial jurisdiction.