If you are stuck in such a situation, here is what to do.
Mr. Alok Sharma, a resident of the serene locality of Vasant Vihar, found himself in a peculiar and distressing situation. His neighbourhood is home to a significant population of monkeys. Recently, strangers have developed a habit of throwing food, primarily fruits and bread, directly in front of his main gate to feed these animals. This act of feeding has turned the entrance of his home into a permanent feeding ground for a large troop of monkeys, making the area hazardous.
The situation has escalated to a point where Mr. Sharma and his family can no longer use their own entrance safely, as the monkeys have become aggressive and territorial, often attempting to attack them. Mr. Sharma managed to identify one regular offender, an elderly gentleman named Mr. Verma, who frequently drives by to dump large quantities of food. Despite a polite request to stop, Mr. Verma dismissed his concerns. Mr. Sharma has now captured video footage of Mr. Verma parking his car and littering the area in front of his house with food, creating a serious nuisance and safety hazard.
Advice in such cases
Document Everything: Keep a detailed log of all incidents. Note the date, time, and a description of what happened. Preserve all video footage, photographs of the mess, and any other evidence you can gather. This documentation is crucial for any legal action.
Avoid Confrontation: Do not engage in aggressive arguments or resort to public shaming. Such actions can escalate the conflict and potentially lead to counter-allegations against you, such as for intimidation or defamation.
Communicate Formally: If a polite verbal request has failed, consider sending a formal written communication. While a direct letter can work, a legal notice sent through an advocate often carries more weight and shows you are serious about pursuing legal remedies.
Lodge a Police Complaint: If the behaviour persists, your next step is to file a formal complaint with the local police. Provide them with all the evidence you have collected. The act of consistently creating a hazardous situation can be classified as a public nuisance.
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
Several provisions under the Bharatiya Nyaya Sanhita (BNS), 2023, can be invoked in such a scenario:
Section 290 of BNS (Punishment for public nuisance): This section penalizes any act that causes common injury, danger, or annoyance to the public or people in the vicinity. Creating a situation where aggressive animals congregate and pose a threat to residents squarely falls under this definition.
Section 289 of BNS (Negligent conduct with respect to animal): This section applies if a person knowingly or negligently omits to take such order with any animal in his possession as is sufficient to guard against any probable danger to human life, or any probable danger of grievous hurt from such animal. While the person feeding the monkeys doesn’t ‘possess’ them, a case can be made that their actions are creating a direct danger from these animals.
Section 325 of BNS (Mischief): If the act of throwing food causes damage to your property (e.g., soiling the entrance, attracting pests that damage the property), it can be considered mischief. Mischief is defined as causing wrongful loss or damage to the property of another.
Local Municipal Laws: Most cities have municipal corporation acts that contain bylaws against littering and causing public nuisance. These can also be invoked, often leading to fines for the offender.
If you are the complainant
Organize Your Evidence: Before approaching the authorities, arrange all your evidence chronologically. Label video files with dates and times. Print out clear photographs.
Draft a Clear Complaint: Write a detailed complaint addressed to the Station House Officer (SHO) of your local police station. Clearly state the facts, the problem you are facing, the identity of the person (if known), and the danger it poses to you and your family. Attach copies of your evidence.
Follow Up: After submitting the complaint, obtain a receiving copy (a stamped acknowledgment). The police might initially try to mediate. If no action is taken, you may need to follow up with senior police officials or seek legal recourse to compel them to register an FIR under the relevant sections.
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.
If you are the victim
Prioritize Safety: Your primary concern should be the safety of yourself and your family. Avoid using the entrance when the animals are present and aggressive. Inform all family members about the potential danger.
Gather Evidence Discreetly: When documenting the incidents, ensure your own safety. Use CCTV cameras or record from a safe distance (e.g., from a window). Do not put yourself in a confrontational position just to get evidence.
Do Not Take the Law Into Your Hands: Resist the urge to retaliate, such as by publicly shaming the person or getting into a physical altercation. This will weaken your legal case and could expose you to criminal charges.
Seek Support: Talk to your neighbours. They might be facing similar issues and could act as witnesses or join you in the complaint, which would strengthen your case significantly.
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
The police response can vary. Initially, they may view this as a minor, non-cognizable offence and might be reluctant to file an FIR. Their first step is often to summon the accused person (Mr. Verma in this case) and give them a stern warning. In many cases, this is enough to resolve the issue. However, if the nuisance continues and you have strong evidence of a persistent danger, the police are more likely to register an FIR under the relevant sections of the BNS, especially for public nuisance. Your persistence and the quality of your evidence are key to ensuring police action.
FAQs people normally have
Is feeding animals considered littering or a nuisance?
Yes. While the act of feeding an animal itself is not illegal, doing so in a manner that creates a public hazard, makes a public space unsafe, or litters an area is considered a public nuisance and can be penalized under both the BNS and local municipal laws.Is it worth going to the police for such an issue?
If direct and polite requests have failed, and the situation poses a genuine threat to your safety, then approaching the police is the correct and necessary step. It establishes an official record of the problem.Should I publicly shame the person by putting up their picture?
Absolutely not. This action could lead to a criminal complaint of defamation against you under Section 356 of the BNS. It is an illegal form of retaliation that will harm your own case.Should I have an aggressive argument to scare them off?
No. Aggressive confrontation can escalate the situation, potentially leading to physical violence or counter-complaints of criminal intimidation against you. Always handle the matter calmly and through legal channels.
What evidence is required?
To build a strong case, you should gather the following evidence:
Video Footage: Clear video from CCTV or a mobile phone showing the person committing the act. Ensure the date and time are visible or can be verified.
Photographs: Pictures of the food/litter left in front of your house and of the animals congregating there.
A Written Log: A diary detailing each incident with the date, time, and a brief description.
Witness Statements: If neighbours have witnessed the incidents, their written or verbal statements can be very powerful.
Copies of Prior Complaints: If you’ve complained to an RWA or any other body, keep copies of those communications.
How long will the investigation take?
The timeline varies. An informal police intervention, like warning the offender, can happen within a few days of your complaint. If a formal FIR is registered, the investigation under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, will commence. The initial investigation, including collecting statements and evidence, might take a few weeks to a couple of months. The subsequent court process, if it goes that far, will take much longer.
Advocate Sudhir Rao, Supreme Court of India