Section 291 of the Bharatiya Nyaya Sanhita (BNS), 2023
Here’s a detailed overview of Section 291 of the Bharatiya Nyāya Saṃhitā, 2023 (Chapter XV: Offences affecting public health, safety, convenience, decency & morals):
🐾 Section 291 – Negligent Conduct with Respect to an Animal
📜 Text of the Section
“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.”
🔍 Key Elements
Who is liable?
Anyone who has an animal in their possession — including pet owners, caretakers, walkers, etc.
Fault (Mens Rea):
Act committed knowingly (aware of risk) or negligently (fails to foresee a probable risk) by not taking sufficient safety measures.
Risk threshold:
The animal’s actions must pose a probable danger to human life or grievous hurt.
Punishment:
Imprisonment up to 6 months, or
Fine up to ₹5,000, or both.
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Legal classification:
Cognizable (police can arrest without a warrant)
Bailable
Triable by any Magistrate
⚖️ Comparison with IPC Section 289
Identical to IPC §289, but BNS raises the fine from ₹1,000 to ₹5,000, reflecting a stricter stance on animal-related negligence.
(sudhirrao.com)
🏙️ Practical Implications
Applies only to animals in possession — community or stray animals are generally not covered, unless legally considered under someone’s control.
Pet ownership or temporary guardianship (like pet sitters/walkers) triggers this responsibility.
Proactive duty: You must foresee risk (e.g., previous aggressive behavior) and act accordingly by restraining, controlling, or safeguarding.
✅ Summary Table
| Element | Detail |
|---|---|
| Act | Omission to take safety measures with an animal |
| Fault | Knowledge or negligence |
| Risk standard | Probable danger to life or grievous hurt |
| Penalty | Up to 6 months jail and/or ₹5,000 fine |
| Applicability | Only animals in individual/or legal possession |
| Legal type | Cognizable, bailable; tried by Magistrate |
🔍 Noteworthy Clarification
This section does not apply to feeders of stray/community dogs, as feeding or caring for a dog in public doesn’t equate to legal “possession” under the law.
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