Code: Section 291 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.
Explanation of Section 291 BNS
Section 291 of the Bharatiya Nyaya Sanhita (BNS) addresses the issue of negligent conduct concerning animals. It applies to individuals who, either knowingly or through negligence, fail to take adequate precautions to prevent their animals from posing a probable danger to human life or causing grievous hurt.
This law emphasizes the importance of responsible animal ownership and care. It holds individuals accountable not only for intentional harm but also for negligence that could lead to accidents or injuries caused by animals under their control.
Illustration
Example 1: Dog Attack Due to Negligence
A dog owner keeps a large, aggressive dog in a poorly secured yard without proper fencing. The dog escapes and bites a passerby, causing grievous injuries. Since the owner failed to take necessary precautions to prevent such an incident, they could be prosecuted under Section 291 BNS.
Example 2: Negligent Handling of a Wild Animal
A person keeps a venomous snake as a pet but neglects to secure the enclosure properly. The snake escapes and bites a neighbor. The owner’s negligence in securing the snake could lead to criminal liability under Section 291 BNS.
Common Questions and Answers on Section 291 BNS
1. What does Section 291 BNS cover?
- Answer: It covers cases where a person fails to take necessary precautions to prevent their animal from causing danger to human life or causing grievous hurt, whether through negligence or willful omission.
2. What are the penalties under Section 291 BNS?
- Answer: The penalties include imprisonment for up to six months, a fine up to five thousand rupees, or both.
3. Does this apply only to dangerous animals?
- Answer: No, it applies to any animal that poses a potential danger to humans if not properly controlled, including pets, livestock, and exotic animals.
4. Can an individual be held liable if the harm was accidental?
- Answer: Yes, if the harm resulted from negligence or failure to take reasonable precautions, the individual can be held liable even if the incident was accidental.
Conclusion
Section 291 BNS serves as a critical legal safeguard to promote responsible animal ownership and public safety. It ensures that individuals are held accountable for negligent actions that could result in harm to others, thus encouraging proactive measures to prevent such incidents.
