IPC 289 → BNS 291: Negligence (Animal)

IPC 289 (now BNS 291): Negligent Conduct with Respect to an Animal

IPC Section 289 punishes a person who, knowingly or negligently, omits to take sufficient precautions with an animal in his possession to guard against probable danger to human life or grievous hurt. From 1 July 2024 it continues as Section 291 of the Bharatiya Nyaya Sanhita (BNS) 2023.

Punishment under BNS 291 (same as IPC 289)

Imprisonment up to 6 months, or fine, or both. The penalty is unchanged from old IPC 289.

What changed from IPC to BNS?

Only the numbering moved (IPC 289 to BNS 291). In practice this is the section most often invoked in dog-bite and stray or aggressive-animal cases, where an owner fails to restrain or warn about a dangerous animal. New FIRs cite BNS 291.

Worked example

A keeps a large aggressive dog but leaves the gate open and puts up no warning; the dog rushes out and bites a passer-by. A's failure to take sufficient precautions against a known danger makes him liable under BNS 291.

Practical notes

• For advocates: BNS 291 belongs to the negligence-and-nuisance group. Compare negligent conduct with buildings (IPC 288 to BNS 290) and public nuisance not otherwise provided for (IPC 290 to BNS 292), and escalate to hurt by an act endangering life (IPC 337 to BNS 125(a)) where injury actually results.
• The defence turns on whether reasonable precautions were taken and whether the danger was foreseeable.