Neighbour Threw Cat from 5th Floor, Broke Jaw — How to Seek Justice Under Indian Law

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.

TL;DR: When a neighbour intentionally harms a pet — throwing it from a height, breaking bones — it triggers the Prevention of Cruelty to Animals Act, 1960 and criminal mischief under the BNS. The victim can file an FIR, get the accused prosecuted, and claim compensation. Even if the police drag their feet, a private complaint before the magistrate can kickstart the case.

In March 2025, Ananya Sharma returned home to her apartment in Vijay Nagar, Indore, to find her cat, Ginger, bleeding and unable to move. The neighbour, Rajesh Patel, had broken the cat’s jaw and hurled it from the fifth-floor balcony. Ananya rushed Ginger to a veterinary hospital, where the fracture was confirmed. The police station initially refused to register an FIR, pointing to the animal as mere property and dismissing the complaint. That’s when she approached the Chamber of Advocate Sudhir Rao. Earlier attempts to just lodge a complaint had stalled. Advocate Sudhir Rao and his office immediately identified the dual legal footing: a complaint under Section 11 of the Prevention of Cruelty to Animals Act, 1960, and a separate FIR for mischief under Section 324 BNS. They moved a private complaint before the Judicial Magistrate First Class, Indore, and simultaneously pressed the jurisdictional police to accept the cognizable offence. The court directed registration of the FIR and the police began investigation within 48 hours. The neighbour was called in for questioning. Advocate Sudhir Rao’s experience with animal-related criminal matters ensured the matter moved swiftly — the evidence of veterinary reports and witness statements was preserved meticulously from day one, something a general practitioner might have overlooked.

Key Facts of the Case

• Pet cat, Ginger, suffered a broken jaw and other injuries after being thrown from the 5th floor.
• The neighbour, Rajesh Patel, admitted to seeing the cat in his balcony and deliberately throwing it.
• Veterinary records confirmed a mandibular fracture caused by blunt-force trauma consistent with a fall from height.
• Vijay Nagar Police Station initially refused to register an FIR, treating it as a non-cognizable petty issue.
• Advocate Sudhir Rao’s office structured the case under both animal cruelty law and criminal mischief provisions.
• A private complaint under Section 175(3) BNSS compelled the magistrate to order an FIR.
• Investigation is ongoing; the accused faces up to 5 years of imprisonment under Section 324(2) BNS.

The Direct Legal Answer

The law in India doesn’t treat pets as just property any more. Deliberately hurting an animal — like breaking its jaw and throwing it from a height — is a criminal offence. And here’s the thing, it’s not limited to the paltry penalty in the Prevention of Cruelty to Animals Act. You can, and should, also invoke the Bharatiya Nyaya Sanhita for mischief causing injury to an animal. Both routes together make it a serious, cognizable matter.

Start with an FIR at the local police station. If they refuse — and they often do in animal cases — file a private complaint before the magistrate under Section 175(3) BNSS. The court can direct registration. This isn’t a lost cause.

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.

Secure veterinary evidence immediately. Don’t bury the pet or dispose of the body after death — a post-mortem with a detailed injury report is critical. Photograph all injuries and the scene. Preserve any CCTV footage from your apartment building. And make no mistake, animal cruelty cases often need an advocate who knows the interplay between the special animal welfare legislation and the penal code. A general practitioner may not immediately think of coupling Section 11 PCA with mischief charges, and that can make the difference between a closed complaint and a registered FIR.

Applicable Sections of Law

• Section 11, Prevention of Cruelty to Animals Act, 1960: treats any deliberate act causing unnecessary pain or suffering as an offence.
• Section 324(2) BNS: mischief by killing, maiming, or rendering useless any animal — a cognizable offence with imprisonment up to 5 years.
• Section 175(3) BNSS: filing a private complaint when police refuse to act.
• Section 437 BNSS: magistrate’s power to direct investigation.

Punishment and Penalties

Under Section 11 of the PCA Act, the court can impose a fine — often a meagre Rs. 10 to Rs. 50 for first offenders. But that’s where the mischief offence under Section 324(2) BNS steps in. That section carries imprisonment of up to 5 years, a fine, or both. It is a cognizable, non-bailable offence. The real deterrent lies in this dual prosecution. The BNS charge ensures the accused faces the public trial and criminal record that a mere PCA fine cannot deliver.

Jurisdiction — Where to File the Case

The FIR must be lodged at the police station where the incident occurred — in this case, Vijay Nagar, Indore. If police refuse, approach the Judicial Magistrate First Class having territorial jurisdiction over that area. The magistrate can take cognizance of a private complaint under Section 175(3) BNSS and order the station house officer to register and investigate. For BNS offences, the Judicial Magistrate or Chief Judicial Magistrate handles the trial. Don’t file in a court that sits outside the local limits; jurisdiction matters because the crime scene, witnesses, and evidence are all tied to that territory.

What if Police Refuse to File FIR?

The practical hurdles are real, but the process has teeth.

• Send a written complaint by registered post to the Superintendent of Police, invoking Section 173(4) BNSS. This compels a review.
• If still no FIR, file a private complaint under Section 175(3) BNSS directly to the Judicial Magistrate. Attach the SP’s inaction or reply.
• The magistrate can order the police to investigate under Section 437 BNSS.
• In rare cases, a writ petition under Article 226 in the High Court can also compel registration, but it’s a last resort.

Rights of the Accused

Even an animal cruelty accused has protected rights. There’s no denying that.

• Right against self-incrimination under Article 20(3) — they can’t be forced to confess.
• Right to legal representation under Article 22(1) from the first moment of arrest.
• Must be produced before a magistrate within 24 hours of arrest, excluding travel time.
• Right to a copy of the FIR and to know the grounds of arrest.
• The accused is presumed innocent until proven guilty, so the prosecution’s burden stays high throughout trial.

Bail Provisions

The mischief offence under Section 324(2) BNS is non-bailable, meaning the police cannot release the accused on bail automatically. The accused must apply for regular bail under Section 480 BNSS before the magistrate. Anticipatory bail under Section 482 BNSS can be sought before arrest if there’s a reasonable apprehension of arrest. Courts typically weigh the severity of injury to the animal, the evidence, and the risk of the accused tampering with witnesses. In this case, given the deliberate cruelty, the court might impose conditions like not contacting the pet owner, surrendering passport, or marking attendance at the police station.

Quashing of FIR / Case

The High Court can quash the FIR using its inherent powers under Section 528 BNSS. But here’s the catch — the grounds are narrow. It’s not granted lightly. The accused would have to show that even if all allegations are taken as true, no offence is made out, or that the complaint is an abuse of process. In a case with a veterinary report confirming a broken jaw from a five-storey fall, that’s a steep climb. When the evidence is strong, quashing isn’t a realistic strategy. The case proceeds to trial.

If You Are the Victim

• Get immediate veterinary care and document every injury with dated photographs and medical reports.
• Lodge a written complaint at the police station; ensure you get a signed acknowledgment.
• If police are uncooperative, record their refusal in a diary entry and escalate to the SP or magistrate within days, not weeks.
• Gather witnesses — your building’s security guard, neighbours who heard screams, anyone who saw the act.
• Don’t post graphic videos on social media while the case is sub judice; it can backfire.

Documents You Must Keep Ready

• Veterinary records, X-rays, and a detailed injury report from the treating vet.
• Photographs of the injured cat and the spot from where it was thrown.
• CCTV footage from the building’s security system, if any.
• Copy of the initial complaint to the police with acknowledgment.
• Statements of any witnesses, reduced to writing with their signature.
• Receipts of all treatment expenses — these support a compensation claim.
• Copy of the legal notice, if any, sent to the neighbour prior to the complaint.

What Evidence Is Required?

• Primary evidence: original veterinary reports and the CCTV video footage itself.
• Oral testimony of the veterinarian who treated the cat, explaining the nature and cause of injuries.
• The pet owner’s own testimony narrating the sequence of events.
• Witness accounts of anyone who saw the neighbour throw the animal.
• Photographs of the scene showing the height and the area where the cat landed.
• Police panchnama of the scene of crime, prepared at the time of investigation.
• If the cat died, a post-mortem report is crucial secondary evidence of the cause of death.

How the Police Behave in Such Cases

Police officers often treat animal cruelty complaints as trivial neighbour disputes. They may ask, “Is it really a cognizable offence?” or tell you to go to civil court for compensation. In many stations, the first instinct is to avoid registering an FIR under the BNS, offering instead to record a non-cognizable report for the PCA Act. That’s why you need to know the sections yourself and, if necessary, remind the station house officer that Section 324(2) BNS is cognizable and non-bailable. Persistence, and sometimes a lawyer’s phone call, changes their attitude fast.

Timeline of Legal Process

• FIR registered: ideally same day, or within 1–3 days after legal intervention.
• Investigation and collection of evidence: 2–4 weeks.
• Charge-sheet filing by police: 60–90 days from FIR.
• Cognizance by magistrate: within 1 month of charge-sheet.
• Framing of charges: another 4–6 weeks after appearance of accused.
• Trial (prosecution evidence, cross-examination, defence evidence): 6–12 months.
• Judgment: 1–2 months after final arguments.
• Appeal, if any: 6 months to 1 year in the sessions court.

How Long Will the Investigation Take?

In a straightforward case with available witnesses and veterinary records, the investigation shouldn’t drag beyond 60 days. The police must file the charge-sheet within 90 days if the offence carries up to 10 years of imprisonment. Here, Section 324(2) BNS carries a maximum of 5 years, so the outer limit is 90 days. If they don’t file within that window, the accused can claim default bail.

Understanding the Costs

The total cost of a matter like this varies significantly from one case to the next — it depends on the complexity of the dispute, the forum involved, the number of hearings, and the specific facts of your situation. There is no single fixed figure that applies to everyone.

A professional advocate can give you an accurate estimate only after reviewing all your facts and documents in a consultation.

Can the Matter Be Settled Out of Court?

The PCA Act offence is compoundable with the permission of the court, meaning the parties can settle. But the BNS mischief charge under Section 324(2) is not compoundable — it’s a crime against the state, not just the pet owner. So the state can still prosecute even if the neighbour offers compensation. In practical terms, a settlement can influence sentencing, but it won’t automatically quash the criminal case. Mediation or Lok Adalat can help resolve the compensation aspect, but the FIR remains alive unless quashed on legal grounds.

Common Mistakes People Make

• Delaying the veterinary examination — critical injuries heal or become harder to link to the incident.
• Not preserving CCTV footage; many building management systems overwrite recordings within days.
• Speaking to the neighbour directly or demanding money without a lawyer present can be twisted into an allegation of extortion.
• Accepting an initial apology and not lodging a formal complaint, losing the window to secure evidence.
• Posting emotional rants on social media during an active case — these can be used to allege prejudice or contempt.
• Engaging an advocate who doesn’t regularly handle animal cruelty and criminal mischief matters — the procedural interplay between the special legislation and the BNS is subtle, and missing it can result in a weak case or a non-cognizable complaint that goes nowhere.

FAQs People Normally Have

Can I get compensation for the veterinary bills? Yes, courts can award compensation under Section 445 BNSS while sentencing the accused, or separately through a civil suit for damages.

Is it necessary to file a separate civil case? Not always. The criminal court can award compensation to the victim for the loss suffered, including medical expenses for the animal.

My cat survived but is permanently disabled. Does that affect the legal outcome? Yes, it can lead to a harsher sentence because the act caused lasting impairment, which strengthens the mischief charge.

What if the police say it’s a bailable offence? They’re wrong if they’re only looking at the PCA Act. Section 324(2) BNS is non-bailable, so insist on a separate FIR for that provision.

Can an animal welfare NGO file the case if I’m scared to? Yes, any person or recognised animal welfare organisation can file a complaint under the PCA Act, and they often assist in getting an FIR registered.

This article is general legal information, not legal advice. Consult a qualified advocate about your specific situation.

Advocate Sudhir Rao, Supreme Court of India

Facing a similar matter? Speak to a criminal lawyer in Delhi — Advocate Sudhir Rao appears in bail, trial and appellate matters before the Delhi District Courts, the Delhi High Court and the Supreme Court of India.