Dog bite? The owner can answer for it.

Myth or fact?

What people often think.

• Myth: A dog bite is just bad luck.
• Fact: An owner who knowingly or negligently fails to guard against the danger from his animal commits an offence (PPC s.289).

The law.

Section 289, PPC.

“Whoever, knowingly or negligently omits to take such order with any animal in his possession 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 ...”

Pakistan Penal Code, 1860 · Section 289, Negligent conduct with respect to animal

Three questions.

What section 289 looks at.

• PossessionWas the animal in his possession?
• CareDid he take enough care to guard against the danger?
• DangerProbable danger to human life, or of grievous hurt.

Quick quiz. On purpose.

Guess first, then swipe for the answer.

• A. Only s.289, negligence
• B. The hurt sections, like s.337-F
• C. Nothing, the dog did it

Answer: B. The dog was the weapon.

2022 MLD 744, Lahore High Court.

• The factsThe accused set his dog on the complainant, who was bitten on the leg.
• The lawNot an accident, so s.289 did not apply. The case stayed under s.337-F(i) and (iii).
• The resultPre-arrest bail was refused.

Careless or deliberate?

Two very different cases.

• CarelessDog left loose, no chain or care: section 289.
• DeliberateDog used to attack: hurt under s.337-F (2022 MLD 744).

How serious?

Section 289 and Schedule II, CrPC.

• PunishmentUp to 6 months, or fine, or both.
• ArrestPolice may arrest without warrant.
• BailBailable. Not compoundable. Tried by any Magistrate.

After a bite.

Do these first.

• TreatmentSee a doctor at once and keep every medical paper.
• RecordWhose dog, where, when, and who saw it.
• ReportGo to the police station with the facts.

Own a dog?

The duty is yours.

• GuardTake enough care to guard against probable danger (s.289).
• Chain and gateA loose dog in the street is the risk the section is about.

Bitten or blamed?

Ask FAI in your own words. It answers with the exact section and the judgments behind it.

• My neighbour's dog bit my son in the street. Can I file a case?
• What is the punishment under section 289 PPC?

Example questions

Sources

• Pakistan Penal Code, 1860 · Section 289
  Negligent conduct with respect to animal Pakistan Code