BENGALURU: An accident involving a pet dog will not attract the rash driving clause under Section 279 of the Indian Penal Code (
IPC
) as that law recognises injuries caused only to human beings, the Karnataka high court has held in a recent judgment.
IPC Section 279 relates to “rash driving or riding on a public way” and a person found guilty can be punished with imprisonment up to six months or/and a fine of up to Rs 1,000.
While allowing a petition filed by
Prathap Kumar G
, a resident of Kurubarahalli in Bengaluru city who was accused of knocking down a pet dog in February 2018, Justice
Suraj Govindaraj
has observed in his October 21 order that the IPC section has the heading ‘rash driving or riding on a public way’ but “does not recognise and/or make an offence (of) any injury caused otherwise than to a human being”.
Thus, as far as the injury or death caused to the pet or animal is concerned, “the same would not amount to an offence in terms of
IPC Sec
279,” the order said.
Referring to an observation by the
Supreme Court
— “no creature is superior to any human being and animals are to be treated equally, and that even animals have a right to life” — cited by the complainant, the judge has pointed out that the said observation was with reference to sections 3 and 11 of the Prevention of Cruelty to Animals Act.
“The observation cannot be made applicable to Section 27
