Bharatiya Nyaya Sanhita, 2023
Section 291 BNS: Negligent Conduct with Respect to Animal
Section 291 of the Bharatiya Nyaya Sanhita, 2023 deals with knowing or negligent failure to take sufficient measures with an animal in a person's possession to guard against probable danger to human life or probable danger of grievous hurt from that animal. This page explains the statutory text, meaning of animal, essential ingredients, punishment and procedural classification.
Section 291 BNS - Statutory Provision
291. Negligent conduct with respect to animal.
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 of either description for a term which may extend to six months, or with fine which may extend to five thousand rupees, or with both.
The statutory text above is reproduced for legal reference. For authoritative use, consult the official text of the Bharatiya Nyaya Sanhita, 2023.
Definition of "Animal" under the BNS
Section 2(2) of the Bharatiya Nyaya Sanhita, 2023 defines animal as any living creature other than a human being. This definition applies unless the context requires otherwise.
Meaning and Scope of Section 291
Section 291 focuses on the duty to take sufficient precautions in relation to an animal that is in a person's possession. The offence is based on a knowing or negligent omission to take measures sufficient to guard against probable danger to human life or probable danger of grievous hurt from the animal.
The section is framed around prevention of serious risk. Depending on the facts, relevant precautions may include restraint, secure enclosure, supervision or other measures appropriate to the nature, condition and behaviour of the animal. Whether the legal threshold is met depends on the circumstances and evidence in the particular case.
Essential Ingredients of an Offence under Section 291 BNS
On the wording of Section 291, the principal ingredients are:
- An animal must be in the possession of the accused person.
- The accused must omit to take sufficient measures with that animal.
- The omission must be knowing or negligent.
- The required measures must be sufficient to guard against probable danger to human life or probable danger of grievous hurt from the animal.
Punishment, Bail and Court Jurisdiction
Section 291 provides imprisonment of either description for a term which may extend to six months, or fine which may extend to Rs. 5,000, or both.
| BNS Section | Section 291 |
|---|---|
| Offence | Negligent conduct with respect to animal |
| Maximum imprisonment | Six months |
| Maximum fine | Rs. 5,000 |
| Cognizable | Yes |
| Bailable | Yes |
| Court competent to try | Any Magistrate |
The procedural classification above is stated in the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023. Section 291 is classified there as cognizable and bailable, and triable by any Magistrate.
Legal Reference
Section 291 BNS substantially carries forward the subject matter previously addressed by Section 289 of the Indian Penal Code, 1860, while the BNS provision prescribes a maximum fine of Rs. 5,000.
For an actual case, the applicable substantive and procedural law should be checked with reference to the date of the alleged act, relevant repeal and saving provisions, and the particular facts and evidence.