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BNS Section 291: Negligent Conduct With Respect To Animal
Section 291 falls under Chapter 15 of the Bharatiya Nyay Sanhita (BNS). Chapter 15 covers offences affecting the public health, safety, convenience, decency and morals. Each section under this chapter deals with different offences related to matters of public health, safety and decency. Section 291 specifically deals with negligence in handling animals. Let us take a closer look at its provisions.
Definition of BNS Section 291
Section 291 of the Bharatiya Nyaya Sanhita (BNS), 2023 states:
Whoever knowingly or negligently omits to take such measures 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, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to five thousand rupees, or with both.
Explanation and Illustration of BNS Section 291
This section is applicable to any person within the sovereign borders of India, whether citizen, resident or otherwise. It deals with the offence of negligently handling animals. Let us break down the section to get a better understanding of it.
Offence
This section provides that any person in possession of an animal shall be punished under the provisions of this section if the handling of such animal causes:
Also, it clarifies that it is not just the handling of the animal that shall be considered an offence under this section. Lack of action, or omitting to perform an action which leads to endangering any person shall also be considered an offence. For instance, if a person takes his dog out for a walk and attacks someone, then such an action shall be considered an offence. On the other hand, if the dog runs away from the owners home and attacks someone, then the owner will be punished for the lack of keeping it safely leashed inside the house.
Finally, since this section deals with public health and safety, intent is not a key factor in this. In other words, it doesn’t matter if the person handling the animal had no intention of harming the public. It doesn’t matter if the action was performed knowingly or rashly out of negligence. If it has led to the above situation, it shall be considered an offence.
Punishment
Any person who handles an animal in his or her possession dangerously or fails to handle it safely such that it endangers the lives of members of the public shall be punished with imprisonment for a term which may extend to six months, or with fine which may extend to five thousand rupees, or with both.
The above actions may not be an offence under this section if:
However, there may be other sections under the BNS under which the above actions can be prosecuted and while they may be disqualified under the provisions of this section, such actions will still be punishable under the provisions of those respective sections of the BNS.
Illustration
Y is taking his dog for a walk. The dog, angered by the action of someone on the road, attacks the person. Y is an offender for not handling the animal safely.
Disclaimer:
The examples provided are for educational purposes only and do not constitute legal advice. They should not be used for legal proceedings or decision-making. For specific legal matters, please consult a qualified legal professional.
Key Points of BNS 291
This section deals with:
Negligent conduct with respect to animals.
Description of offence:
Punishment for offence:
Exceptions to offence:
Differences Between BNS Section 291 and its equivalent IPC section
The BNS came into force on July 1, 2024, effectively replacing the Indian Penal Code. Section 291 of BNS replaces Section 289 of the IPC. Let us look at the changes that have been made in the provisions of the new section in comparison to the old one.
| BNS Sections/Subsections | Subject | IPC Sections | Summary of Comparison |
|---|---|---|---|
| 291 | Negligent conduct with respect to animal. | 289 | The upper limit of the fine is increased from one thousand to five thousand rupees. |
Why Choose Vakilsearch for Bharatiya Nyaya Sanhita (BNS)?
Understanding the new Bharatiya Nyaya Sanhita (BNS) laws can be confusing, but Vakilsearch is here to make it easy for you. Here’s why we’re the right choice:
- Expert Help: Our lawyers know the BNS sections inside out and can guide you through how the new laws apply to you or your business.
- Simple and Clear: We break down all the legal jargons into simple language, so you can easily understand what steps to take.
- Personalised Service: Whether you need help with specific BNS sections for women or other legal concerns, we provide advice and support tailored to your situation.
- Experienced Team: We’ve helped thousands of clients understand about the old IPC sections, and now we’re ready to help you transition smoothly to the new BNS laws.
FAQs about Section 291 of the Bharatiya Nyay Sanhita (BNS)
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