Dog Bite Incident: Victim Demands More Money After Settlement – Legal Options

Dog Bite Incident: Victim Demands More Money After Settlement - Legal Options

If you are stuck in such a situation, here is what to do.

Mr. Alok Verma, a young man preparing for civil service examinations, was taking his one-year-old German Shepherd, Bruno, for a late-night walk around 11 PM within their housing society, ‘Harmony Apartments’, in the city of Vikaspuri. On their way back, Bruno nipped a fellow resident, Mr. Ramesh Gupta, on his right middle finger. The injury was minor, resulting in only a few drops of blood, comparable to a paper cut.

Mr. Verma immediately apologized and offered to cover any medical expenses. However, Mr. Gupta became extremely agitated, hurling insults and threats, and promptly called the police. A neighbour who witnessed the incident came forward and confirmed the minor nature of the wound, even offering his assistance.

When the police arrived, they took Mr. Verma’s details and put him in their vehicle. Inside, an officer suggested that Mr. Verma should take care of the victim’s medical expenses and also “take care of them.” Mr. Verma explained that he was an unemployed student. The police then drove him towards the local police station but stopped just outside. They demanded ₹10,000 to close the matter. Mr. Verma stated he didn’t have that much money.

Mr. Gupta, who was also present, initially demanded the harshest possible punishment for Mr. Verma. After some discussion, and continuous apologies from Mr. Verma, the police mediated a settlement. They instructed Mr. Gupta to accept ₹6,000 as full and final compensation, which Mr. Verma immediately paid via a UPI transaction, for which he has proof.

However, the ordeal did not end there. At 2:04 AM, Mr. Verma received a WhatsApp message from Mr. Gupta stating, “I have been instructed to collect the remaining 2000 by tomorrow,” followed by another text demanding the dog’s vaccination certificate. Mr. Verma has not replied and is seeking advice on how to proceed.

Advice in such cases

  • Remain calm and do not engage in any arguments. Your polite behaviour will be a point in your favour.
  • Document everything. Take pictures of the injury (if permitted), save screenshots of all communications, and keep a record of any financial transactions made.
  • Preserve all relevant documents, especially your dog’s up-to-date vaccination records. This demonstrates you are a responsible pet owner.
  • Do not pay any further amount after a settlement has been agreed upon. Subsequent demands can amount to extortion.
  • Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think

Applicable Sections of Law

Under the new Indian laws, the following sections may be relevant:

  • Section 288 of the Bharatiya Nyaya Sanhita, 2023 (BNS): This section deals with negligent conduct with respect to an animal. It penalizes anyone who knowingly or negligently fails to take sufficient care of an animal in their possession to guard against any probable danger to human life or of grievous hurt. The punishment can be imprisonment for up to six months, a fine up to five thousand rupees, or both.
  • Section 341 of the Bharatiya Nyaya Sanhita, 2023 (BNS): This section addresses extortion. If a person demands more money after a matter has been settled, by putting the other person in fear of injury or legal action, it can be considered extortion.
  • Prevention of Corruption Act, 1988: The demand for money by the police officers is a serious offence and can be prosecuted under this act.

If you are the complainant

In this scenario, Mr. Verma (the dog owner) is effectively the one being harassed post-settlement. If you are in his position:

  • Do not pay any additional money. You have a digital record of the settlement amount paid, which can be considered a full and final settlement of the dispute.
  • You can choose to share a copy of the dog’s vaccination certificate as a gesture of goodwill, but it is not obligatory after the settlement. If you do, consider sending it via a lawyer.
  • If the harassment and demands continue, you have the right to file a police complaint against the individual for extortion under Section 341 of the BNS.
  • Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think
Dog Bite Incident: Victim Demands More Money After Settlement - Legal Options

If you are the victim

If you are the one who has been bitten by a dog:

  • Your first priority should be to seek immediate medical attention, including a tetanus and anti-rabies vaccination course as advised by a doctor.
  • Obtain a Medico-Legal Certificate (MLC) from the hospital, as this is crucial evidence.
  • You can try to reach an amicable settlement with the pet owner to cover medical bills and compensation for the injury.
  • If a settlement is reached and you accept a payment as “full and final,” you generally cannot demand more money later. Doing so can weaken your position and may even expose you to legal action for extortion.
  • Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think

How the police behave in such cases

In minor disputes like this, it is common for the police to encourage the parties to reach a compromise or settlement to avoid formal legal proceedings. While this can be a practical approach, their role is to mediate, not to coerce or demand money for themselves. Any demand for a bribe is illegal. Their duty, if a complainant insists, is to register a First Information Report (FIR) and conduct a proper investigation as per the procedures laid down in the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.

FAQs people normally have

Dog Bite Incident: Victim Demands More Money After Settlement - Legal Options

What evidence is required?

The most crucial pieces of evidence in a dog bite case include:

  • The victim’s Medico-Legal Certificate (MLC) detailing the injury.
  • The dog’s health and vaccination records to prove it is not rabid and that the owner is responsible.
  • Testimony from any eyewitnesses to the incident.
  • Records of settlement, such as UPI transaction details, and any subsequent communication (like WhatsApp chats demanding more money).
  • CCTV footage from the society, if available.

How long will the investigation take?

For minor offences like those under Section 288 of the BNS, if an FIR is registered, the investigation timeline can vary. The Bharatiya Nagarik Suraksha Sanhita (BNSS) aims to expedite the process. However, given the minor nature of the injury and the fact that a settlement was already paid, the police are unlikely to pursue the matter further unless a fresh complaint of extortion is filed.

Advocate Sudhir Rao, Supreme Court of India

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