• Dog barking complaint by villagers

We have given our property in Mumbai on lease to NGO catering to strays dogs and cats .The villagers in the vicinity are complaining about dog barking at night causing lot of disturbance . Can villagers under under Section 133 of the Criminal Procedure Code approach court
Asked 11 days ago in Property Law
Religion: Hindu

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7 Answers

yes they can approach court 

 

2) Section 133 of the Code of Criminal Procedure (CrPC) empowers a Magistrate to issue conditional orders for the removal of public nuisances, 

 

3) it is intended to protect the public as a whole against inconvenience and the Magistrate, therefore, should bear in mind while exercising his power under that section that he is supposed to be acting purely in the interests of the public.

Ajay Sethi
Advocate, Mumbai
98121 Answers
7973 Consultations

Refer to guidelines dated 26th February 2015  by Animal Welfare Board. No. 3 states that, barking is natural for of expression for a dog, and must and has to be tolerated in society. However, incessant barking can disturb neighbours. Hence, pet owners are advised to make every effort to keep their dogs quite, particularly during night.

Given the  restriction on barking, villagers can complaint  under Section 133 of Criminal Procedure Code, 1973 to the  Authority.

Ravi Shinde
Advocate, Hyderabad
4774 Answers
42 Consultations

No barking is the natural action of dog and for that it can’t be prosecuted. You need to take all the steps so that such barking can be controlled during night hours causing regular nuisance to neighbours 

Prashant Nayak
Advocate, Mumbai
33307 Answers
219 Consultations

To address the villagers' complaints about barking stray dogs on your property, you can start by understanding the legal framework and then engage in open and respectful communication with the villagers, while also exploring solutions like noise reduction measures and community awareness campaigns

There's no law that prohibits feeding street animals, and citizens/animal welfare volunteers who choose to do so are performing a duty cast upon them by the Constitution of India – of showing compassion to all living creatures. 

Clearly explain why you are taking care of the stray dogs and the positive impact it has on the community.

Look for areas of agreement and potential solutions that can benefit both the villagers and the stray dogs. 

If the villagers continue to harass you or the dogs, contact local animal welfare organizations for support and guidance.

If necessary, file a complaint with the police or relevant authorities against anyone who is harassing you or the dogs.

T Kalaiselvan
Advocate, Vellore
88321 Answers
2388 Consultations

Yes, Section 133 can be invoked by the villagers in the vicinity of the Code of Criminal Procedure, 1973 (CrPC) if it can be established by them that the barking of stray dogs at night is causing a "public nuisance" which is affecting the peaceful enjoyment of their property or causing danger to the public.

They can also approach the civil court  by way of suit for  injunction order for the removal of the said nuisance, if you do nothing to curb the noise.

Siddharth Jain
Advocate, New Delhi
6411 Answers
102 Consultations

- As per Animal Welfare Board of India, if any pet owners not violating any municipal law then it is permitted to have the same..
- Further, under Article 51 A(g) of the Indian Constitution, it is the responsibility of every citizen to behave compassionately towards living creature and animals
- Further, Section(3) of the Prevention of Cruelty to Animals Act 1960 states that it is illegal for housing societies or general residence  to pass a resolution disallowing pets.
- However , if the villagers facing trouble due to continuous barking of dogs then they can approach the Court under Section 133 of CrPc. 

Mohammed Shahzad
Advocate, Delhi
15036 Answers
228 Consultations

Yes, villagers can file a complaint under Section 133 CrPC for public nuisance due to dog barking. You may negotiate with the NGO to control noise levels or explore soundproofing solutions to avoid legal action.

For detailed, personalized advice, consider a phone consultancy. Hope you find the information helpful. You are free to contact me for further discussion. If you could spare two minutes of your time to write a review, it would be greatly appreciated and bring immense happiness to read it. Thank you. Shubham Goyal.

Shubham Goyal
Advocate, Delhi
918 Answers
4 Consultations

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