English, Stray Dog Legal Matters

Risk of BNS 291 Section being used against stray dog feeders and carers

September 6, 2025

Authored by Prasenjit Dutta,
-Retired Civil Engineer,
-Former Secretary and Founder of Pashupati Animal Welfare Society-PAWS at Barasat, Kolkata
-Proprietor of RKD Pet Shop that supplies pet-use products nationwide.

Explanatory Note on the risk of BNS §291 as per Bharatiya Nyaya Sanhita, 2023 (or earlier IPC §289) may be used against Stray-Dog Carers / Feeders:

1. Statutory Text and URL References:

Bharatiya Nyaya Sanhita, 2023 — Section 291 deals with: “Negligent conduct with respect to animal”

Text of BNS 291: “Whoever knowingly or negligently omits to take such measures 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 with imprisonment… up to six months, or with fine… up to five thousand rupees, or with both.”

References:

https://devgan.in/bns/section/291/
AND https://constitutionofindia.in/section-291-of-bharatiya-nyaya-sanhita-bns-2023/

Indian Penal Code, 1860 — Section 289 (earlier, very similar provision):
Text: “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 … grievous hurt … punished with imprisonment… up to six months, or with fine… up to one thousand rupees, or with both.”

Reference: https://indiankanoon.org/doc/1162492/

2. Key Precedents & Institutional Framework:

3. Risk Assessment: When BNS §291 / IPC §289 could be applied against feeders

Low Risk: Casual feeding—no control or possession, feeding responsibly in designated areas—protected by Delhi HC and SC reinstatement.
Cite: Delhi HC & SC decisions as mentioned above

Elevated Risk occurs if: 

  • Authorities characterize the feeder as exercising control or possession over the dog(s).
  • Feeding creates a nuisance or danger (e.g. near schools, crowded spaces).
  • A dog regularly fed causes an injury, and feeder is alleged to have omitted safety measures.
  • Feeding violates local/municipal rules or specific Supreme Court directions (like designated spot mandates).

4. Legal Safeguards & Best Practices for Feeders

  • Feed only at designated zones/ times, as per AWBI/ ABC guidance and local authority coordination — supported by latest Hon. SC’s Interim  Order of 22.08.25 and ABC Rules 2023. If in West Bengal, the matter is strongly supported by Govt. Issued Memorandum dated 25.11.2024 that may be viewed at WB Dog feeding circular 25.11.24
  • Avoid high-traffic or sensitive spots (entrances, schools, markets).
  • Keep documentation — timestamped photos, RWA/municipal communications, and witness names.
  • Clean up after feeding, avoid attracting pests — aligns with municipal guidelines.
  • Collaborate with ABC sterilization campaigns, AWBI, local NGOs to reduce risk and demonstrate good-faith compliance.
  • If an FIR or notice is served, promptly engage legal counsel and cite the Delhi HC (2021) ruling, latest SC ruling mentioned above and ABC framework in your defense.

5. Summary: Is the Risk Real?

Yes, there is a legitimate risk of BNS §291 or IPC §289 being invoked—especially if feeding is construed as negligent possession or creates danger or violates specific court/municipal terms.

But courts and statutory rules (Delhi HC, SC orders, ABC Rules, Bombay HC) strongly protect responsible feeders acting in designated ways.

Again–yes the threat is real, but only if a person fails to take sufficient measures to prevent harm from an animal in their possession. That is, only if the person flamboyantly claims to possess that dog by yelling “Amar Kukur/ My Dog”, which is what many stray dog lovers do.

Also, if a dog lover keeps the dog under the roof of his/ her house at significantly long durations of each day and releases it publicly at other times, it could be argued that he/ she was possessing the dog and letting it loose to endanger public safety. This applies to pet dogs as well if the owner negligently lets the dog roam free without leash in public areas and if the dog should be ‘perceived’ as a threat to public life or safety against grievous wounds. If ‘perceived’, then a case can be started. If not proved, the case can be dropped.

The bottom line is this that dog lovers must never claim a stray dog as personal possession and should never selectively shelter such dogs at home during night time only. Not only does that attract legal attention, it changes the character of the dog from a meek and submissive stray to a dominant and chowkidar type aggressive personality. Sort of “Sala main to sahab ban gaya” type of attitude develops in him. It is a much better approach to say that the dog(s) “possesses me” in the sense that they are dependent on me because no one else feeds them or help with their medical needs. No BNS section as yet written against a dog possessing a human and becoming a threat as a result of that.

NB: Sheltering continuously for specific number of days for purpose of treatment is of course another matter and cannot be proved as ‘possessing’ if the dog is released after treatment, unless of course in most unlikely situation the mentor negligently lets the dog(s) out of shelter and into public spaces where people may come under risk arising out of that act.

All Quick Reference URLs (with titles):

  1. BNS §291 text (Devgan) https://devgan.in/bns/section/291/
  2. BNS §291 alternate source (Constitution of India) https://constitutionofindia.in/section-291-of-bharatiya-nyaya-sanhita-bns-2023/
  3. IPC §289 text (IndiaKanoon) https://indiankanoon.org/doc/1162492/
  4. Delhi HC judgment (PDF) https://aldf.org/wp-content/uploads/2021/11/Stray-dog-ruling-Delhi-HC.pdf
  5. Delhi HC summary https://aldf.org/article/delhi-high-court-rules-that-community-dogs-have-the-right-to-food/
  6. SC order vacating stay https://awbi.gov.in/courtorder
  7. HT news SC reinstatement https://www.hindustantimes.com/cities/delhi-news/supreme-court-paves-way-for-feeding-stray-dogs-in-colonies-101652984458295.html
  8. Bombay HC judgment (Sharmila Sankar, 2023) https://indiankanoon.org/doc/106697726/
  9. Analysis of Bombay HC judgment https://ksandk.com/regulatory/complexities-of-indias-community-dog-laws/
  10. ABC Rules 2023 (PIB) https://www.pib.gov.in/PressReleaseIframePage.aspx?PRID=1917510
  11. AWBI Rules page https://awbi.gov.in/Document/rules
  12. Bombay HC Rule 20 feeding duty coverage https://lawyerenews.com/legal_detail/feeding-community-animals-is-a-constitutional-duty-housing-societies-must-comply-with-animal-birth-control-rules-bombay-high-court
  13. SC policy update (Reuters, Aug 2025) https://www.reuters.com/world/india/indias-top-court-revises-stray-dog-policy-after-public-outcry-2025-08-22/