Mumbai Court Awards 3 Months' jail term to Owner of Dog who Bit 72-Year-Old man

A Mumbai Metropolitan Magistrate has recently awarded 3 months of simple imprisonment to the owner of a dog who had bitten a 72-year-old man 10 years ago.

The case pertains to an incident that took place in 2010 wherein the accused and her wife with their two dogs went to meet the informant. The son of the informant informed the accused and his wife that the informant will not be able to meet them since they were going out for a program. When the informant came down, the accused opened the door of the car after which the Labrador and the Rottweiler bit the informant on his right leg twice and on the right hand. Subsequently, an FIR was registered and the owner was booked under the provision of the Indian Penal Code.

The prosecution argued that the dog was trying to come out of the car and in spite of the request not to open the door of the car, the accused opened the door of the car due to which the dog came out and directly attacked the informant. The prosecution also relied on the medical certificate issued by the hospital.

The court rejected the argument of the defence that the dog did not belong to the accused after a Veterinary doctor deposed before the court that the accused had bought the dog to his clinic for treatment. The court also rejected the argument that no independent person’s statement was taken by the police while reasoning that merely because the statement of the independent person was not recorded by the Investigating Officer, it did not mean that the accused was not present on the spot.

The court said that the accused was aware of the aggression of the dog. The order read,

“The dog which was sitting in the car was of Rottweiler dog and is known for its aggressiveness. The Rottweiler dog is also famous for powerful and having forceful bite. They are capable of generating upto 328 PSI (Pound Per Square Inch) bite. They are one of the strongest breed of dogs. The accused is the owner of the said dog. Therefore, he was certainly having knowledge about the aggression of the said dog.”

The court said that when such type of aggressive dog is taken to a public place it is the duty of the owner of the dog to take reasonable care for the safety of others.

The court further said that the accused had not taken reasonable care to guard against public danger and human life and, therefore, convicted the dog owner under Section 337 (Causing hurt by act endangering life or personal safety of others) and Section 289 (Negligent conduct with respect to animal) of the Indian Penal Code.

The court while awarding simple imprisonment of 3 months and a fine of Rs.1000 to the dog owner, said that:

“The age of the informant is 72 years; at such old age, the strong and aggressive dog attacked him and took three bites. When the person like accused who is grown-up man goes in the public place with such an aggressive dog, if reasonable care is not taken then certainly it is harmful to the public. Therefore, in such type of cases where there is question of public safety leniency is unwarranted.”

After the accused was convicted, Advocate Madan Gupta filed an application for suspension of the sentence. The magistrate court then granted bail to the accused.

Case Title: Cyrus Percy Hormusji vs State of Maharashtra

Statue: Code of Criminal Procedure 1872 and Indian Penal Code 1860