IPC Section 289
⚖️ Full Text of Section 289 IPC:
"Negligent conduct with respect to animal.—
Whoever, being the owner or in charge of any animal, knowingly or negligently omits to take such order with that animal as is sufficient to guard against any probable danger to human life, or of grievous hurt from such animal, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both."
🔍 Key Elements Explained:
1. "Owner or in charge of any animal"
This refers to any person who owns or has control over an animal, even temporarily (like a caretaker, handler, or someone walking the animal).
The responsibility lies with them to ensure the animal doesn’t pose a risk.
2. "Knowingly or negligently omits"
The person is either aware of the danger and does nothing, or is careless (negligent) in preventing it.
It covers both intentional disregard and careless inaction.
3. "Sufficient to guard against any probable danger to human life, or of grievous hurt"
There must be some probable (likely) danger—not just a theoretical or highly unlikely risk.
The danger must be to human life or must have the potential to cause grievous injury.
For example, not restraining a dangerous dog in a public area could fall under this.
🧾 Punishment Under Section 289 IPC:
Imprisonment: Up to 6 months (can be simple or rigorous).
Fine: Up to ₹1,000.
Or both.
🐕 Examples for Better Understanding:
✅ Example of Applicability:
A person owns a ferocious dog known to bite strangers.
They let it roam in a public park without a leash.
The dog attacks a passerby.
In this case, the owner knowingly omitted precautions, so Section 289 IPC applies.
❌ Example where it may not apply:
A pet dog breaks its leash suddenly and runs into the street, despite the owner being cautious.
If it is shown that reasonable care was taken, Section 289 may not apply.
⚖️ Nature of Offence:
Cognizable: Police can register a case and investigate without prior approval of a magistrate.
Bailable: The accused has the right to be released on bail.
Triable by: Any Magistrate.
🚨 Purpose of This Law:
Section 289 IPC is meant to:
Protect the public from avoidable harm due to animals.
Ensure responsible behavior from pet owners or handlers.
Penalize those who are reckless or careless about controlling dangerous animals.
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