Section 291: Negligent Conduct with Respect to Animal

Bharatiya Nyaya Sanhita • Chapter XV: Of Offences Affecting Public Health, Safety & Morals • Official Statutory Text & Legal Guide

Chapter XV: Of Offences Affecting Public Health, Safety & Morals
Any Magistrate
Bailable
Cognizable
Formerly Sec 289 IPC

Legal Commentary & Landmark Judgments: Section 291

Section 291 penalises knowingly or negligently omitting to take such order with any animal in one's possession as is sufficient to guard against any probable danger to human life or grievous hurt from such animal.

  • Possession of Animal: Owning or having custody of ferocious dogs, bulls, venomous snakes, or wild carnivores.
  • Failure to Restrain: Letting ferocious animals roam leashless in public parks, leaving cages unlocked, or ignoring aggressive tendencies.
  • Probable Danger: Danger of fatal attacks, bites, or grievous injuries to human beings.
Key Landmark Precedents:
  • State of Gujarat v. Babulal (1993) Supp 3 SCC 419: Affirmed that owners of known aggressive animals have an absolute duty to leash and muzzle them in public spaces.
  • Emperor v. Stewart AIR 1927 Bom 417: Held that unleashing ferocious guard dogs onto unarmed visitors constitutes actionable criminal negligence.
Courtroom Practice & Strategic Litigation Guidance:

Establish previous incidents of biting or aggression known to the owner. Production of veterinary records and municipal pet registration licenses is relevant in cross-examination.