Legal Provisions of Section 289 of Indian Penal Code, 1860.
Negligent conduct with respect to animal:
Sections 284 to 289 of the Indian Penal Code are similar in nature. This section prohibits rash or negligent conduct with respect to animals. It says that whoever, with knowledge or negligently, makes an omission to take such order with any animal which he possesses 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 simple or rigorous imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.
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ADVERTISEMENTS:
The section requires an omission on the part of the accused. This omission must be with knowledge or with negligence. It must be to take order with any animal in his possession. The order must be such as is sufficient to guard against any probable danger to human life, or any probable danger of grievous hurt from such animal.
Since the word ‘animal’ has been used in the section it may mean any tame or ferocious animal. Where a buffalo which was known to be dangerous moved to death an old woman carrying a grassload on her head in a field, its owner as well as the servant, under whose immediate control it was at that moment, were held guilty under this section.
The offence under this section is cognizable, bailable and non-compoundable, and is triable by any magistrate.