• Dog bite within society

Hello all Esteemed Sir/Madam,

My question is related to an incident of Dog bite to a kid within society. The kid approached the lift area after entering the society from school and besides the lift from the stairs a Dog jumped on him and bit him to bleed. The PetOwner was there and left the scene with the Pet leaving the Kid alone and did not approach the parents till today. The society CCTV recordings are not having current date and time in the feed. Also, upon enquiry in society office, the recordings were not available but later they said it has been retrieved through vendor but the videos retrieved do not show any close resemblance to the incident. The stairs are not covered in CCTV and also there are some blind spots which are out of CCTV coverage.

What can be done to get some action from the society if the videos are fabricated, is there a need of FIR or without FIR a legal notice can be sent to all residents or only society committe and pet owners? Please advice what is the correct course of action legally?

Thank you in Advance.
Asked 4 days ago in Criminal Law
Religion: Hindu

14 answers received in 1 day.

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14 Answers

Nothing moves unless a complaint  is filed and FIR is registered.  File a complaint  in the  Court of Magistrate under Section 291 of BNS, 2023 for the  offence of negligent conduct with respect  to animal as the  offence is non-cognizable. It is not difficult to find out owner of dog. If you suspect anyone you can mention his name in the  complaint. Police will procure CCTV footage from society. If society refuses to provide you and it as accomplice.

Ravi Shinde
Advocate, Hyderabad
4760 Answers
42 Consultations

FIR must be filed under provisions of section 291 ofBNS  act 

which punishes those who knowingly or negligently fail to take sufficient measures to guard against any probable danger to human life or grievous hurt from an animal in their possession

 

  • The punishment for violating Section 291 includes imprisonment for a term that may extend to six months, or a fine that may extend to five thousand rupees, or both. 

     

     

 

Ajay Sethi
Advocate, Mumbai
98094 Answers
7969 Consultations

 Section 291 of BNS, 2023,  deals with situations where someone knowingly or negligently fails to take measures to prevent potential danger to human life or grievous hurt from an animal in their possession. 

The wording "possession" in the BNS section means that whoever is in charge of or has control over the animal at the time of the incident, whether it's the owner, walker, trainer, or house help, could be held accountable. 

The punishment for violating this section includes simple imprisonment for up to six months, a fine, or both. 

You can give a complaint in this regard to the  secretary\president of the housing Society and can seek action against the errant Flat holder/resident to whom the dog belongs. If the Society members or the office bearers are reluctant to take action you can file a Civil as well as criminal suit/complaint against the dog owner.

T Kalaiselvan
Advocate, Vellore
88296 Answers
2388 Consultations

Even in absence of CCTV the offence can allowed to be initiated.

If the dog is vicious and dangerous as it appears , the owner of it is liable.

Absence of CCTV footage does not mean that the offence has not occurred.

If the Police does not register FIR then approach the court to get the FIR registered. 

Devajyoti Barman
Advocate, Kolkata
23449 Answers
529 Consultations

Kid statement that he was bitten by dog belonging to owner residing in society would help in filing FIR .

 

merely because pet owner and dog  are in hiding does not mean no FIR can be filed 

Ajay Sethi
Advocate, Mumbai
98094 Answers
7969 Consultations

You can lodge a criminal complaint against the pet owner with the local police station.

The pet owner has to return to his flat and cannot remain in hiding forever.

If the CCTV footage has been manipulated by the society, you don't take that as an evidence, the medical treatment particulars are evidence in your possession for the dog bit incident and also since the pet owner is hiding the offence can be easily established, therefore you may initiate criminal complaint with the police without any further delay.

T Kalaiselvan
Advocate, Vellore
88296 Answers
2388 Consultations

The kid dies not recognise the dog and the owner residing in society ?

 

If you do not have details and there is no CCTV footage file police complaint let police investigate 

Ajay Sethi
Advocate, Mumbai
98094 Answers
7969 Consultations

Then dont file any police complaint 

 

request society to install CCTV cameras in the blind spots so that in future there would be some footage in case any such incident occurs 

Ajay Sethi
Advocate, Mumbai
98094 Answers
7969 Consultations

It is your decision to proceed or call it a day. 

Ravi Shinde
Advocate, Hyderabad
4760 Answers
42 Consultations

It is your duty to find out the owner by enquiring about it through your local sources. 

You can give a complaint against the association president also harboring the accused or tampering with the evidence of cctv footage. 

The secretary to avoid action that may be initiated against him may reveal the details of the pet owner. 

T Kalaiselvan
Advocate, Vellore
88296 Answers
2388 Consultations

If you have decided to take proper legal action against the wrong doer pet owner then you should not hesitate from proceeding further. 

If you don't want to pursue the matter for any fear or any other reason then you can make a call accordingly. 

The nine year old boy can very well identify the pet or the owner if he has seen them without fear of police or other external pressures. 

T Kalaiselvan
Advocate, Vellore
88296 Answers
2388 Consultations

  1. File an FIR – Against an unknown person under IPC Sections 289, 337/338 for negligence and injury.

  2. Send a Legal Notice – To Society/RWA & all pet owners for negligence and faulty CCTV.

  3. Complain to BBMP & Animal Welfare Board – To check pet registration and enforce leash rules.

  4. Demand a Society Meeting & Circular – For safety measures and pet regulations.

  5. File a Civil Suit (if pet owner is identified) – For medical costs and trauma.

If CCTV was tampered with, mention Section 204 IPC in FIR. If hesitant about police, start with legal notice & BBMP complaint first.

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
902 Answers
4 Consultations

FIR can’t be filed in such case. You can send a legal notice to dog owner 

Prashant Nayak
Advocate, Mumbai
33283 Answers
219 Consultations

- You can lodge a complaint before the society against the said happening and if society failed to take any action against the owner of the said dog then file a complaint before the police under section 291 of BNS.

-   As per Section 291 of BNS-  Whoever knowingly or negligently omits to take such measures with any animal in his possession as is sufficient to guard against any probable danger to human life, or any probable danger 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 five thousand rupees, or with both.

Mohammed Shahzad
Advocate, Delhi
15014 Answers
228 Consultations

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