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.
Simplified Explanation
Section 291 of the Bhartiya Nyaya Sanhita, 2023 (BNS) addresses negligent conduct in relation to animals, particularly when the person in possession of the animal fails to take adequate precautions to prevent harm to human life or cause grievous injury from that animal. Here’s a detailed explanation of this section:
1. Scope of the Section
This section applies to animals in a person’s possession, which could include:
- Domestic animals: Pets such as dogs, cats, or any other animals kept at home.
- Farm animals: Livestock such as cattle, horses, or other animals kept for agricultural purposes.
- Wild or exotic animals: Animals kept as exotic pets or in captivity, which might pose a greater danger due to their unpredictable behavior.
2. Rash or Negligent Conduct
The section focuses on negligent or reckless conduct by the person who owns or has control over an animal. Negligence refers to the failure to take reasonable measures to ensure that the animal does not cause harm to others, while rashness refers to a more careless or reckless attitude towards handling the animal.
3. Failure to Take Safety Measures
The section criminalizes the failure to take proper precautions with an animal that could result in danger to human life or cause grievous injury. Examples of this could include:
- Not properly securing an animal that is known to be dangerous or aggressive (e.g., a dog with a history of biting or a wild animal).
- Allowing animals to roam freely in public areas where they may pose a risk to people, such as allowing a large or aggressive dog to wander unsupervised in a neighborhood.
- Failure to contain or control an animal in a way that prevents it from attacking or injuring others. For example, failing to use a leash on a dog with a history of aggression.
4. Risk to Human Life or Grievous Injury
The section covers two primary risks:
- Risk to human life: This could be when an animal is capable of causing fatal harm to a person if not properly controlled. For example, a large or aggressive animal, like a bull or a dangerous dog, can pose a threat to life if not properly managed.
- Risk of grievous hurt: This refers to causing significant injury, such as:
- Dog bites leading to deep wounds or infections.
- Attacks by livestock like bulls or horses that could cause broken bones or serious physical harm.
- Other animals that may inflict severe harm due to lack of control, such as snakes or big cats kept as pets.
5. Omission to Take Proper Order
The emphasis is on the failure to take measures or neglecting to control the animal appropriately. This could involve:
- Not using a leash or muzzle on an aggressive dog in public spaces.
- Not providing proper containment for dangerous animals on the premises.
- Neglecting to train or socialize an animal, leading to aggression or unpredictable behavior.
6. Punishments and Penalties
If someone is found guilty of negligence or rash conduct in relation to their animal, the penalties are as follows:
- Imprisonment: The individual may be sentenced to up to six months in prison, depending on the severity of the act and the resulting harm.
- Fine: The individual may face a fine of up to five thousand rupees.
- Both: In some cases, the court may impose both imprisonment and a fine.
7. Purpose of the Section
The aim of Section 291 is to ensure that animals are properly managed, especially when they pose a potential risk to human safety. The law seeks to:
- Prevent accidents or attacks by animals that could result in injuries or fatalities.
- Encourage responsible pet ownership and animal management, making sure that animals are not a danger to others in public or private spaces.
- Protect the general public from animals that may pose risks due to their size, temperament, or lack of proper training or supervision.
8. Examples of Offenses Under Section 291
- Example 1: A person owns a dog that has shown signs of aggression but fails to take the necessary precautions, such as using a leash or muzzle, and the dog attacks and injures a passerby.
- Example 2: A farmer allows a bull to roam freely without proper fencing, and the animal charges at a person, causing serious injury.
- Example 3: A person keeps a large exotic snake as a pet but does not properly secure it, and the snake escapes, causing harm to someone who encounters it.
9. Conclusion
Section 291 of the Bhartiya Nyaya Sanhita, 2023 aims to address negligent or rash conduct involving animals that could endanger human life or cause serious injury. The section ensures that those responsible for animals take proper safety measures to prevent harm to others. The penalties for violations include imprisonment up to six months, a fine of up to five thousand rupees, or both. This law promotes responsible animal ownership and aims to minimize the risk of harm from animals that might pose a danger to human life or health.
