Hyderabad: With dog bite cases frequently being reported and victims approaching the police with complaints, the latter are in a dilemma against whom to register a case if the dog happens to be a street canine.
“If it is a pet dog, we book a case of negligent conduct with respect to the animal against the owner and initiate action. However, there is no clarity on whom to fix the responsibility if it is a street dog,” conceded a police official.
Section 289 (Negligent conduct with respect to animal) of IPC reads, “Whoever knowingly or negligently omits to take such order with any animal in his possession to guard against any probable danger to human life or grievous hurt from such animal, shall be punished with imprisonment of six months, or with fine which may extend to one thousand rupees, or with both.”
In a majority of the cases, the police do not book a case even if they accept a complaint if the dog is a stray. If at all, a case is booked it is considered a natural death and closed. In many instances, the police inform the issue to local GHMC officials and ask for immediate action to address the dog menace.
“We cannot fix the GHMC or the local public representatives or any government authority unless something concrete is established. Otherwise, it results in a lot of bureaucratic issues,” said another police official. However, MBT leader Amjedullah Khan said the police should book a case against the GHMC local officials for their inaction in curbing the problem. “In a few instances where deaths were due to open manholes or polluted drinking water, the police booked a case against the officials of the department concerned. Similarly, a case should be booked in dog bite death cases too,” he said.
Syed Ali Jaffery, High Court advocate, said if the police don’t register a case, the victim can approach the court and file a complaint. “A criminal and a civil suit can be filed in the court by the victim,” he said.