False charges of IPC 289
if a false charges of ipc 289 z produced as negligent though the dog is not ferocious
Thank you so much for writing to us.
We would like to inform you that as per Section 289 of Indian Penal Code 1860, any who knowingly or negligently omits to guard an animal in his possession who is capable of causing grievous hurt to the other is liable for punishment for a six month imprisonment or a fine upto 1000 or both. This section does not require the animal to be ferocious.
Hence the other party can file a case under S.289 even if your pet is non-ferocious if he can prove that you were negligent in handling your pet which in further was probable to causing grievous hurt to the person.
However, you can produce the same fact in the court and take care of the case by paying Rs 1000 fine.
Also, you can ask the other party to enter into a compromise deed with you whereby the other party can withdraw the case and quash the complain and in return you can pay them the compensatory amount. Please note that S.289 is a private offence and not a public offence i.e. it does not affect public peace and tranquillity and hence a compromise deed can be entered among both the parties. This has been accepted by Delhi High Court in February 2016 in the case of Jaswinder Singh v State (NCT of Delhi) and another which can be accessed over here.
Hope we were able to help. Feel free to write back.
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