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The keeper of a dangerous dog negligently fails to restrain it despite a probable risk of grievous…

Section 291 applies when a person who possesses an animal knowingly or negligently omits sufficient safeguards against probable danger to human life or probable grievous…

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The keeper of a dangerous dog negligently fails to restrain it despite a probable risk of grievous injury. The dog then injures a neighbour. There is no evidence that the keeper intentionally or knowingly used the dog to cause hurt. Which provision of the Bharatiya Nyaya Sanhita, 2023 directly fits the omission?

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Answer and explanation

Correct answer A

Section 291 applies when a person who possesses an animal knowingly or negligently omits sufficient safeguards against probable danger to human life or probable grievous hurt.

The omission is the offence. An actual injury is not required, and voluntary use of the animal to cause hurt would present a different issue.

Option feedback

Option A

Section 291 covers a knowing or negligent failure to take sufficient safeguards against probable danger to human life or probable grievous hurt from an animal in one’s possession.

Option B

Voluntarily causing hurt requires the corresponding intention or knowledge. That is not established by the stated omission.

Option C

An animal can be a means within section 118(1), but the voluntary causing of hurt required there is absent.

Option D

The facts do not establish voluntary causing of grievous hurt by a dangerous means.

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