One of my clients recently had a case which I am explaining below and if you are stuck in such similar situation, here is what to do.
Note: Due to attorney-client privilege, I cannot disclose complete case details or identify the actual parties involved. However, I am sharing the essential facts and legal approach so that if you find yourself in a similar situation, you can understand the available solutions and legal remedies.
Priya Malhotra, a resident of Koramangala, Bengaluru, had to travel to Pune on a short work assignment in early March 2025. She left her three-year-old Labrador, Bruno, with a professional pet sitter she had hired through a local pet care service called PawsFirst India. The arrangement seemed straightforward. The sitter was paid well, given clear instructions, and had been recommended by a neighbour.
What happened next was devastating. Around 14 March 2025, Priya received a frantic call. Bruno had been attacked by a larger dog at the sitter's premises. CCTV footage later confirmed what the sitter initially denied — he had left Bruno unrestrained alongside a much larger dog while he sat scrolling through his phone, completely unaware of the escalating aggression. Bruno suffered a severe bite to his eye. The veterinarian's assessment was grim: the eyeball might need surgical removal, with permanent loss of vision near-certain.
Priya went to the local police station to file a complaint. They turned her away, unsure how to classify the matter. Frustrated and unsure of her legal options, she approached Advocate Sudhir Rao. Earlier, she had consulted a general civil lawyer who had advised her to simply send a written complaint to the pet service company — which yielded no meaningful response. Once the matter was handled with a structured, domain-specific legal strategy covering criminal negligence, consumer deficiency, and civil damages simultaneously, the opposing party quickly agreed to negotiate. A favourable resolution, including compensation for veterinary costs and the sitter's contractual liability, was achieved within a few weeks.
Advice in Such Cases
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 to 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.
Preserve all evidence immediately: Don't let the CCTV footage disappear. Secure a copy before the sitter or service provider formats or overwrites it. Get the original veterinary records, prescriptions, and bills on the same day if possible. Courts place significant weight on contemporaneous documentation.
Send a legal notice first: Before approaching any forum, a formal legal notice under the Indian Contract Act, 1872 and the Consumer Protection Act, 2019 can often prompt a settlement. Many sitters and pet care companies respond quickly once they realise a structured legal claim is being made.
This category of case sits at the intersection of criminal negligence, consumer law, and civil tort. And here's the thing — the procedural strategies differ significantly across these tracks. An advocate who regularly handles such mixed matters will approach evidence preservation, forum selection, and interim relief very differently from a general practitioner. That domain-specific familiarity often determines how quickly and effectively the matter resolves.
Applicable Sections of Law
This case involves both criminal and civil dimensions. On the criminal side:
- Section 125 BNS (Bharatiya Nyaya Sanhita, 2023): Deals with acts endangering life or personal safety of others through negligence. Applicable where the sitter's reckless inaction caused foreseeable harm.
- Section 324 BNS: Mischief by injury to animals — directly applicable where negligence results in injury to a domesticated animal in one's care.
On the civil and consumer side:
- Section 2(11) and Section 35, Consumer Protection Act, 2019: A paid pet-sitting arrangement is a "service" — deficiency in that service creates a cause of action before the District Consumer Disputes Redressal Commission.
- Section 73, Indian Contract Act, 1872: Compensation for loss arising from breach of a service contract, including consequential financial loss from veterinary treatment.
Punishment and Penalties
Under Section 125 BNS, the punishment for endangering life or safety through negligence is imprisonment up to three months, or a fine up to Rs. 2,500, or both. The offence is non-cognizable and bailable, meaning police cannot arrest without a magistrate's warrant, and bail is a matter of right.
Under Section 324 BNS (mischief causing injury to animals), punishment may extend to two years imprisonment, or fine, or both. This offence is non-cognizable and bailable, and is compoundable with the permission of the court. Make no mistake — the compoundable nature actually gives the victim real room to negotiate a settlement, and a smart advocate will use that strategically.
Jurisdiction — Where to File the Case
For the criminal complaint: the appropriate police station is the one within whose territorial limits the incident occurred — in this case, the police station covering the pet sitter's premises in Koramangala, Bengaluru. Since the offences under Sections 125 and 324 BNS are non-cognizable, the correct first step is a complaint before the Judicial Magistrate of First Class (JMFC) under Section 175(3) BNSS.
For the consumer complaint: the District Consumer Disputes Redressal Commission at Bengaluru has jurisdiction, since the service was availed locally and the claim value is likely within the district commission's pecuniary limits (up to Rs. 50 lakhs). For civil damages, a civil suit lies before the Civil Court having territorial jurisdiction over the place where the cause of action arose.
What if Police Refuse to File FIR?
Police refusing to register a complaint is common in animal-related negligence cases. Here's what you can do:
- Approach the Superintendent of Police (SP) with a written complaint under Section 173(4) BNSS, requesting direction to the concerned station officer to register the case.
- File a private complaint directly before the Judicial Magistrate of First Class under Section 175(3) BNSS. The magistrate can take cognizance and direct police investigation.
- Since the offences here are non-cognizable, a complaint before the magistrate is actually the more appropriate route — not a police FIR.
- If the magistrate's court is also unresponsive, a writ petition before the High Court under Article 226 of the Constitution can compel action — as affirmed in Lalita Kumari v. Government of UP, 2014, where the Supreme Court held that registration of cognizable offences is mandatory, and magistrates must exercise their powers for non-cognizable matters diligently.
Rights of the Accused
If the pet sitter faces a criminal complaint, he is entitled to the following rights under the Constitution and BNSS:
- Right against self-incrimination under Article 20(3) of the Constitution — he cannot be compelled to be a witness against himself.
- Right to legal representation under Article 22 — he is entitled to consult and be defended by a legal practitioner of his choice.
- Right to be produced before a Magistrate within 24 hours of arrest, as guaranteed under Article 22(2) and Section 58 BNSS.
- Right to receive a copy of the complaint and to be informed of the grounds of any summons or arrest.
- Right to apply for bail as a matter of right, since both applicable offences are bailable in nature.
Bail Provisions
Both Sections 125 and 324 BNS are bailable offences. Simple as that. The accused — the pet sitter — is entitled to bail as a matter of right upon arrest or appearance before the magistrate, without requiring a detailed bail hearing.
If the accused has reason to apprehend arrest (for instance, if the complainant escalates the matter), he may apply for anticipatory bail under Section 482 BNSS before the Sessions Court or High Court. Regular bail, if required, is governed by Section 480 BNSS. Typical bail conditions include appearance at all hearings, not tampering with CCTV evidence, and not contacting the complainant. Given the bailable nature, bail strategy is largely straightforward here.
Quashing of FIR / Case
Should a complaint or FIR be registered, the accused may approach the High Court under Section 528 BNSS (which corresponds to the erstwhile Section 482 CrPC) for quashing. Grounds typically include: no prima facie offence disclosed, the complaint being a civil dispute dressed in criminal language, or a genuine settlement having been reached between parties.
In State of Haryana v. Bhajan Lal, 1992, the Supreme Court laid down categories where quashing is appropriate — including where allegations do not constitute any offence. Since Section 324 BNS is compoundable, a compromise between the parties is a strong basis for quashing. Now, before you act, keep this in mind as a settlement incentive for the sitter — it's often the fastest way to close such matters cleanly.
If You Are the Victim
- Secure the CCTV footage from the sitter's premises immediately — request it in writing and keep a copy of that written request.
- Take your pet to a registered veterinarian without delay. Get a written assessment of the injury, prognosis, and estimated treatment costs. This document is the foundation of your compensation claim.
- File a formal complaint before the Judicial Magistrate of First Class in the area where the incident occurred, citing Sections 125 and 324 BNS.
- Simultaneously file a consumer complaint before the District Consumer Disputes Redressal Commission, claiming deficiency in pet-sitting service and compensation for veterinary expenses, pain, and inconvenience.
- Send a legal notice to both the individual sitter and the pet care company (if any) through your advocate before initiating proceedings — this creates a legal record and often prompts a settlement offer.
Documents You Must Keep Ready
- Your Aadhaar card and PAN card for identification purposes in complaints and filings.
- The service agreement or booking confirmation with the pet sitter or pet care company (WhatsApp chats, email confirmations, or payment receipts all qualify).
- All veterinary records: examination reports, prescriptions, surgical estimates, and paid bills.
- CCTV footage from the sitter's premises (downloaded, preserved, and preferably stored in two separate locations).
- Photographs of the injury, taken as close to the incident time as possible.
- Any written or recorded communications with the sitter after the incident (WhatsApp messages, call logs).
- Payment proof — bank transfer, UPI screenshot, or cash receipt — showing you paid for the service.
What Evidence Is Required?
- CCTV footage (primary evidence): This is the single most powerful piece of evidence. It directly establishes negligence — the sitter's inattentiveness and the unrestrained dogs are visible and undeniable.
- Veterinary examination report: Documents the nature, severity, and permanence of the injury. The vet's opinion on permanent vision loss significantly strengthens the compensation claim.
- Service contract or booking record: Establishes the legal relationship — duty of care and contractual obligation — between you and the sitter.
- Witness statements: Neighbours, other clients of the sitter, or anyone present at the time of the incident.
- Expert veterinary testimony (secondary evidence): A second opinion from a specialist, particularly on the permanent nature of the injury, helps in quantifying damages before a consumer forum or civil court.
- Communications post-incident: Any admission or evasive response by the sitter in writing is admissible and useful.
How the Police Behave in Such Cases
Frankly, police stations across most cities are unfamiliar with animal injury complaints. Officers often try to classify the matter as a "civil dispute" and turn complainants away — exactly what happened in this case initially. Non-cognizable offences like Section 324 BNS require a magistrate's order before police can investigate, which creates additional friction. And here's the thing — police are not legally wrong to refer you to a magistrate for such offences. The correct response is a complaint under Section 175(3) BNSS before the JMFC, not repeated visits to the police station hoping for an FIR.
Timeline of Legal Process
- Week 1-2: Legal notice sent to the pet sitter and pet care company. Gather and preserve all evidence, veterinary records, and CCTV footage.
- Week 3-4: File complaint before the Judicial Magistrate of First Class. Simultaneously file consumer complaint before the District Consumer Commission.
- Month 2: Magistrate issues summons to the accused. Consumer commission admits the complaint and issues notice to the opposite party.
- Month 3-5: Written statement from the opposite party filed before the consumer commission. Magistrate examines the complainant and witnesses under Section 200 BNSS.
- Month 5-8: Evidence stage — documents submitted, witnesses examined, CCTV footage tendered before both forums.
Advocate Sudhir Rao, Supreme Court of India