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

In a distressing incident in the city of Jayanagar, an elderly woman, Mrs. Shanti Devi, was allegedly attacked and severely bitten by a pet dog belonging to her neighbour, Dr. Alok Verma. The attack resulted in serious injuries and significant emotional trauma for the victim. According to reports, the family of Mrs. Devi has faced difficulties in getting justice, alleging a lack of cooperation from the pet owner and slow response from the local authorities. This case brings to light the crucial legal responsibilities of pet owners and the legal remedies available to victims of such unfortunate events.

Advice in such cases

If you or someone you know faces a similar situation, it is important to take the following steps immediately:

• Seek immediate medical attention for the injuries sustained. Ensure the wound is cleaned properly and all necessary anti-rabies and tetanus shots are administered.
• Document everything. Take clear photographs of the injuries, keep all medical reports, prescriptions, and bills in a safe place. These will serve as crucial evidence.
• Report the incident to the local police station without delay. A timely report is essential for initiating legal proceedings.
• Identify any eyewitnesses to the incident and note down their contact details. Their testimony can be vital.
• 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

The primary legal provisions applicable in cases of animal attacks are found in the Bharatiya Nyaya Sanhita, 2023 (BNS) and civil law.

• Section 291 of the Bharatiya Nyaya Sanhita, 2023 (BNS): This section deals with negligent conduct with respect to an animal. It states that whoever knowingly or negligently fails to take necessary precautions with any animal in their possession to guard against any probable danger to human life or of grievous hurt from such an animal, can be punished with imprisonment or a fine, or both.
• Civil Law (Law of Torts): Apart from criminal liability, the victim can also file a civil suit for damages against the owner of the dog. The owner can be held liable for the negligence of not keeping the animal under control, and the victim can claim compensation for medical expenses, mental agony, and physical suffering.

If you are the complainant

As the person initiating the legal action, you should take the following steps:

• Lodge a formal written complaint at the police station having jurisdiction over the area where the incident occurred. Insist on receiving a copy of the First Information Report (FIR).
• Provide the police with all the evidence you have collected, including medical records, photographs, and the names and contact details of any witnesses.
• If the police are hesitant to register an FIR, you can approach a senior police officer, like the Superintendent of Police.
• 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.
• Your lawyer can also file a private complaint directly before the Magistrate under Section 221 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), if the police fail to take appropriate action.

If you are the victim

Your well-being and rights are paramount. Focus on these aspects:

• Prioritize your health. Follow all medical advice and keep detailed records of your treatment and recovery process.
• Preserve any physical evidence, such as torn or blood-stained clothing from the time of the attack.
• You have a right to be informed about the progress of the police investigation.
• 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.
• Through legal counsel, you can pursue a claim for compensation to cover your medical bills, loss of earnings, and the pain and suffering you have endured.

How the police behave in such cases

Police response in such cases can vary. Sometimes, they may view it as a minor neighbourhood dispute and attempt to facilitate a compromise between the parties involved. They might be reluctant to register an FIR immediately. However, if the injury is serious (grievous hurt), they are legally obligated to register an FIR and investigate the matter. Persistence, coupled with legal guidance, is often necessary to ensure that the police take the complaint seriously and apply the correct sections of the law.

FAQs people normally have

Here are answers to some common questions regarding animal attack cases.

What evidence is required?

To build a strong case, the following evidence is crucial:

• The victim’s detailed medical-legal report (MLC) from a government hospital, which documents the nature and severity of the injuries.
• Photographs and videos of the injuries, taken immediately after the incident and during the recovery period.
• Statements of eyewitnesses who can corroborate the victim’s account of the attack.
• Proof of ownership of the animal, if available (e.g., statements from neighbours, municipal registration).
• Records of any past incidents or complaints involving the same animal.
• All bills and receipts related to medical treatment.

How long will the investigation take?

The duration of a police investigation can vary significantly. Under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), investigations are expected to be completed efficiently. However, factors like the complexity of the case, the availability of witnesses, and the workload of the investigating agency can cause delays. A lawyer can help monitor the progress and file necessary applications with the court to ensure the investigation proceeds without undue delay.

Advocate Sudhir Rao, Supreme Court of India