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: If a tenant’s dog attacks you and causes injury, you can file a criminal complaint under the Bharatiya Nyaya Sanhita (BNS) for causing hurt by a dangerous animal. You also have a civil claim for damages. Immediate steps: seek medical treatment, get a Medico-Legal Certificate (MLC), and file an FIR at the nearest police station. The owner’s past conduct and the dog’s history matter in court.
It was a quiet Tuesday evening in Nagpur's Gomti Nagar extension. Arjun Mehta, a 34-year-old software consultant, was taking his Labrador for a walk inside his apartment complex. Around 7:15 PM, a German Shepherd belonging to a tenant named Rohan Gupta was being walked by a young girl. The Shepherd broke free and charged at Arjun and his dog. Arjun lifted his dog to protect it. The Shepherd jumped repeatedly, biting Arjun twice on the left thigh. Blood soaked through his trousers.
Rohan Gupta watched from his third-floor balcony the entire time. He did not intervene. When confronted later, Gupta claimed his dog never bites humans and blamed Arjun’s dog for the injury. He threatened Arjun, saying, "Don't tell me what to do, I'll beat you now. Go to a doctor if got bit."
This was not Gupta's first incident. He had previously verbally assaulted a society committee member over a parking dispute. The apartment committee had received multiple complaints but did nothing.
Arjun Mehta first approached his society, which was useless. Then he contacted a general practice lawyer, but that lawyer missed critical procedural steps. So Arjun came to the Chamber of Advocate Sudhir Rao. Advocate Sudhir Rao and his office had deep experience in animal attack and landlord-tenant criminal cases. They quickly identified that the case involved both criminal offences under BNS and a civil claim for damages. They filed an FIR, obtained an MLC, and sent a detailed legal notice to Gupta and the landlord. The specialised handling — including evidence preservation and witness statements — secured a favourable outcome. The magistrate issued summons to Gupta under Section 118 BNS (causing hurt by act endangering life or personal safety of others). Gupta settled out of court, paying ₹65,000 in compensation and agreeing to remove the dog from the premises.
Key Facts of the Case
- The dog bite occurred inside the apartment complex common area, not inside the tenant’s flat.
- The owner (Rohan Gupta) was present at the scene but did not intervene or control the animal.
- The victim (Arjun Mehta) suffered two bleeding injuries with skin discolouration on the left thigh.
- Medico-Legal Certificate (MLC) from a government hospital documented the injuries.
- Multiple prior complaints existed against the tenant for verbal abuse and misconduct.
- The apartment society was registered and was legally obligated to act on complaints but had failed.
- FIR was registered under Section 118 BNS (causing hurt by rash or negligent act) and Section 126(2) BNS (wrongful restraint/assault).
The Direct Legal Answer
Can I file an FIR for a dog attack?
Yes. Under the BNS 2023, causing hurt by a rash or negligent act likely to endanger human life or personal safety is a cognizable offence under Section 118. Dog owners have a duty to keep dangerous animals under control. When the owner knew the dog was dangerous (or ought to have known) and failed to control it, criminal liability arises.
What civil remedies do I have?
You can file a civil suit for damages — medical expenses, pain and suffering, and compensation for trauma. The owner may also be liable under the principle of strict liability, though India does not follow strict liability for dog bites exactly like the UK. You can claim compensation under Section 357 BNSS in criminal court or file a separate civil suit.
Can I sue the landlord?
Yes. If the landlord knew or ought to have known about the tenant’s dangerous dog or aggressive conduct, the landlord can be joined as a co-defendant. In the case, Advocate Sudhir Rao sent a legal notice to both the tenant and the landlord. Many landlords prefer to settle quickly to avoid being dragged into litigation.
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.
Get your injuries documented by a government hospital or a private clinic with proper MLC. Preserve all evidence — bloodied clothes, CCTV footage, mobile videos, and witness statements. Do not argue with the dog owner. That inflames the situation and may be used against you.
This type of case involves nuanced evidentiary strategies — such as proving the dog's dangerous propensity, establishing the owner's knowledge, and dealing with police reluctance. A lawyer who regularly handles animal attack and assault cases will know how to push the investigation and get the FIR registered.
Applicable Sections of Law
- Section 118 BNS (2023): Causing hurt by act endangering life or personal safety of others — applies when a dog owner negligently allows a dangerous animal to cause injury in a public place.
- Section 126(2) BNS (2023): Assault or criminal force — applies if the owner threatened you with physical harm.
- Section 357 BNSS (2023): Order to pay compensation — criminal court can order the accused to pay compensation to the victim for injury.
- Section 319 BNS (2023): Criminal intimidation — applies if the owner threatened to beat you or cause harm.
Punishment and Penalties
- Section 118 BNS: Imprisonment up to 6 months, or fine up to ₹2,500, or both. The offence is cognizable (police can arrest without warrant), bailable, and compoundable (can be settled).
- Section 126(2) BNS: Imprisonment up to 3 months, or fine up to ₹1,000, or both. Cognizable, bailable, compoundable.
- Section 319 BNS: Imprisonment up to 2 years, or fine, or both. Cognizable, non-bailable in some circumstances, non-compoundable.
Jurisdiction — Where to File the Case
For criminal matters, file the FIR at the police station having territorial jurisdiction over the place of occurrence — in this case, the police station covering the Gomti Nagar area in Nagpur. For civil claims, file in the civil court of the same territorial jurisdiction if the claim exceeds ₹1,00,000, or the small causes court for lower claims. Jurisdiction matters because filing in the wrong court wastes time and may result in dismissal. Your lawyer will determine the correct court.
What if Police Refuse to File FIR?
Police sometimes try to treat dog bite cases as civil disputes and refuse to register an FIR. Here's your recourse:
- Approach the Superintendent of Police (SP) under Section 173(4) BNSS with a written complaint.
- If the SP also refuses, file a private complaint before the Magistrate under Section 175(3) BNSS.
- The Magistrate can direct the police to investigate.
- As a last resort, file a writ petition in the High Court under Article 226 of the Constitution.
Rights of the Accused
- Right to remain silent and against self-incrimination (Article 20(3)).
- Right to legal representation (Article 22).
- Right to be produced before a Magistrate within 24 hours of arrest.
- Right to a copy of the FIR and to know the grounds of arrest.
- Right to apply for bail.
Bail Provisions
Offences under Sections 118 and 126(2) BNS are bailable. The accused can apply for regular bail before the Magistrate. For non-bailable offences like Section 319 BNS, the accused may seek anticipatory bail under Section 482 BNSS from the Sessions Court or High Court before arrest. Bail strategy: the lawyer will argue that the accused has no criminal antecedents and will cooperate with investigation.
Quashing of FIR / Case
The accused can file a petition under Section 528 BNSS before the High Court to quash the FIR. Grounds: no prima facie offence, malicious prosecution, or if the parties have settled the matter. However, quashing is not automatic. The High Court applies strict tests — it will not quash if a cognizable offence is made out. In animal attack cases, a strong defence may centre on the lack of prior dangerous propensity or absence of negligence.
If You Are the Victim
- Get immediate medical treatment and preserve MLC.
- Photograph injuries and bloodied clothes.
- Collect CCTV footage from the apartment complex.
- Talk to neighbours who witnessed the incident and get their statements.
- File FIR within 24 hours — do not delay.
Documents You Must Keep Ready
- Medico-Legal Certificate (MLC) from the hospital.
- Medical bills and prescriptions.
- CCTV recordings (if available) from the apartment.
- Mobile phone videos or photos of the attack or injuries.
- Witness statements with contact details.
- Identity proof (Aadhaar, PAN).
- Proof of residence in the apartment (rent agreement, utility bill).
- Previous complaints against the tenant (if any).
What Evidence Is Required?
- Medical records (MLC) — primary evidence of injury.
- CCTV footage — shows the attack and owner's lack of intervention.
- Witness testimony — neighbours who saw or heard the incident.
- Photographs of injuries and scene.
- Mobile phone screenshots of threatening messages or messages from the owner.
- Copy of FIR and police acknowledgment.
How the Police Behave in Such Cases
Police in Nagpur, like many cities, may initially treat a dog bite as a civil nuisance rather than a criminal offence. They may try to mediate or suggest the parties settle. But an MLC changes that — a medical document showing injury caused by a dangerous animal pushes the case into criminal territory. Police typically register FIRs when a victim insists firmly and presents documentary evidence. Police may also be hesitant if the tenant has local influence. A lawyer's presence during FIR filing often helps.
Timeline of Legal Process
- Same day: Medical treatment, MLC, and FIR filing.
- 1-3 days: Police visit the scene, record statements.
- 1-3 weeks: Investigation completed, charge sheet filed.
- 1-2 months: Magistrate takes cognizance, summons issued.
- 2-6 months: Trial — examination of witnesses, cross-examination.
- 6-12 months: Judgment. If appeal, 6 months more.
- Civil suit: 6-18 months for disposal in trial court.
How Long Will the Investigation Take?
Police typically complete the investigation into a dog bite case within 2-4 weeks. The charge sheet must be filed within 60 days if the accused is in custody, or 90 days if not. In practice, for a bailable, low-priority case, police may take 4-6 weeks to submit the final report.
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?
Yes. Offences under Sections 118 and 126(2) BNS are compoundable — meaning the parties can settle. If the accused pays full compensation and the victim withdraws the complaint, the court can close the case. For civil damages, a compromise deed can be executed. Mediation through Lok Adalat is also available for pending cases. Settlement is advisable when the victim gets fair compensation and the dog is removed from the premises, avoiding long-drawn litigation.
Common Mistakes People Make
- Delay in filing FIR: Waiting a day or two weakens the case and gives the accused time to fabricate evidence.
- Not getting MLC immediately: Without a government MLC, proving injury becomes difficult.
- Arguing with the dog owner: Verbal fights escalate and may lead to counter-complaints or assault.
- Engaging a lawyer without domain expertise: A general practitioner may not know how to preserve animal attack evidence, handle police reluctance, or file a civil claim alongside criminal proceedings. Advocate Sudhir Rao's office saw that early engagement with the police and proper evidence documentation were critical — a non-specialist might have filed only a simple complaint without the MLC and missed the landlord's liability.
- Posting on social media prematurely: Facebook or Twitter posts can be used against you in court as evidence of defamation or as witness tainting.
- Destroying bloodied clothes: That is evidence. Keep everything in a clean plastic bag.
FAQs People Normally Have
Will the dog be put down?
Not automatically. The court may order the dog to be kept under stricter control or removed from the premises. Euthanasia is extremely rare and only ordered if the dog is proven dangerous and there is a pattern of attacks.
Can I claim compensation from the RWA or society?
If the apartment society is a registered association and failed to enforce by-laws (like prohibiting dangerous breeds or ensuring safe common areas), they may have vicarious liability. In this case, the society was added as a respondent, but it settled before trial.
What if the tenant moves out?
You can still pursue the criminal case. The FIR and charge sheet remain valid. The court can issue bailable warrants to compel attendance. For civil damages, you can file a suit to attach the tenant's assets before he sells them.
Can I file a complaint under the Animal Welfare Act?
Yes. The Prevention of Cruelty to Animals Act, 1960 applies if the dog was chained, beaten, or kept in unsafe conditions. However, this is a separate remedy and is rarely pursued in urban pet attack cases unless cruelty is involved.
Is there a limitation period?
For criminal offences under BNS, there is generally no limitation for filing FIR. However, delay must be explained. For civil damages, the limitation period is 3 years from the date of the incident under the Limitation Act, 1963.
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 Delhi criminal defence lawyer — 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.