Hello,
he should immediately file a petition in the HC for quashing of the FIR.
regards
FIR filed against pet owner
Hi, My uncle has a pet dog who is a bit lively. About a month ago a lady cmplained to my uncle that the dog had bitten her while she was visiting the compund. She does not live there. Even though nobody witnessed the incident, my uncle took the lady to the doctor and paid for the treatment. Now, after a month after the incident, she has filed an FIR against my uncle. I wanted to know how my uncle should proceed.
Asked 7 years ago in Criminal Law
Religion: Christian
15 Answers
Are there any private/govt bodies like PETA we should approach? the ladie's husand is a politician
Asked 7 years ago
See it would be better if the lady is approached and you can tender an apology and can ask to compound the offence . Further if she is not ready then trial can be faced uncle can plead not guilty and can engage an advocate.
See if the dog had bitten her then such agency won't be of any help as this act is of negligence so the trial has to be faced and contested.
Under which section the FIR is filed. The case will not stand against your uncle. Don't worry.
- As per the information mentioned in the present query, makes it clear that your uncle might have been targeted for having pet or otherwise.
- After a month, she has filed FIR, and that is also after she was taken to the doctor by your uncle only.
- Credibility has gone for sure in the present matter.
- Firstly, try to know the sections in the FIR against you, to think as to go for Anticipatory Bail or sections are simply bailable.
- Even, if they don’t tell you then please file an application in the court to seek protection from arrest as soon as possible.
1. If the dog is not of dangerous type and it was not let loose to bit the lady then no FIR stands.
2. Since it was a pet dog and most probabaly properly quarantined then go for quashing of the FIR or tlak to the ldy to amicably settle the dispute. But first take bail which would be allowed.
Firstly, make sure that the Dog is vaccinated.
Second, get the dog registered with the city authorities (In Bangalore such a rule exists).
If there is no "Beware of Dog" sign on the gate, put it up immediately.
Suppose the Police comes and asks your uncle, say you want to register a counter complaint of Tresspass against the lady. Since you know that she doesn't live there, then what was her business in the compound. Tell the police that you've taken due care and even put up the "Beware of Dog" sign. Lastly, say that usually the dog is tied, and ask why did she even go near the dog.
Nothing big will happen. They will just warn both of you and close the case.
BTW it may not be an FIR, but a NCR.
NCR is for small miscelleneous type of crime.
Dog owners are usually responsible when their pets bite people or hurt them another way. Victim can also File a dog bite lawsuit against the owner and claim damages and compensation from pet owner
Better try to solve matter outside the court or you can contest through a senior advocate on merits.
If the dog owner is booked fir section 289 than he will have to take bail.
The owner of a pet as per section 289 of the IPC will be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to`1,000 or both.
1) FIR must have been filed under provisions of the IPC — Section 289 (negligent conduct with respect to animal) and Section 337 (causing hurt by act endangering life or personal safety of others). The penal provisions could fetch a maximum punishment of six months in jail, besides the fine.
2) apply for and obtain bail
3) your uncle can plead guilty and fine would be imposed upon your uncle
if you want you can contest the case
engage a local lawyer
The owner of the pet is responsible for any claim and damages by the pet dog.
The best way is to go for the compromise if possible other wise to wait for the court summon and take the bail.
Sir,
If the FIR is registered surely you should proceed towards quashing the same by entering into settlement.
If she had tresspassed in the compound and there were signboards to warn her and you have enough evidence to prove the same, then you can surely contest.
If that lady filed a FIR against the uncle, he can defend himself that he is not responsible for that since he never ordered his dog to bite her and since she trespassed, the dog has done its duty to protect or safeguard the proeprty and the inhabitants of the house.
He cannot convince the police who may act on the consideration in favor of the lady, hence he can present his arguments before court to convince the court about his innocence.
He should not argue that the dog has not bitten her since he had got her treated for the dog bite
Are there any private/govt bodies like PETA we should approach? the ladie's husand is a politician
The organisations like PETA may not come to his rescue. Let the politician husband interfere in the police inquiry, but he cannot influence the court, hence your uncle should safely aproach the trial court for justice