If a person makes a complaint about dogs barking, will the police take action against the dog owner

Question

If a person makes a complaint about dogs barking, will the police take action against the dog owner

17-Jul-2024 (In Criminal Law)

I have four dogs at home, and my neighbor, who has had a grudge against us for a long time, now has a reason to act. She threatens to go to the police and file a complaint that my dogs make noise, even though my dogs are expensive breeds, well-trained, and don’t bark that much. She fights with us daily, uses foul language, and claims it is illegal to have four dogs at home. If she files a complaint, will the police take action against me as a dog owner in India? Will they take my dogs away?

Answers (2)

Answer #1

Adv. Chikirsha Mohanty

Delhi | 200+ Answers

Chat CONTACT NOW

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

Report abuse?

Connect with top Criminal lawyers for your specific legal issue

Connect with a Lawyer

Comments by Users

No Comments! Be the first one to comment.

Recent Questions

Forcibly Defamation case on society member and commitee member

One Sided Call Recording Weightage Assessment

criminal case cc case DETAILED ANSWER REQUIRED

BNS 351, CRIMINAL intimidation

sbi bank wrong transaction refund money 095-7040-3764

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."

All Answers

LawRato LawRato · Accepted Answer · 2024-07-17T18:36:09+05:30

There is no law in existence which can stop a person from keeping a pet in the house. Futhermore, there is no limit as to the no. of dogs one can keep in his house. Even if the Resident Welfare Association makes bye-laws against keeping pets, the same cannot be made binding on you as it would be a violation of your Fundamental Right to Life guaranteed under Article 21.

All your neighbor can do is register a complaint for nuisance against you but she needs to prove the same in the Court of law which is a very cumbersome process. But in any case, she cannot make the police take your dogs away, so there is no need to be afraid of her empty threats.

Moreover, if your neighbour does anything to your pets, they can be booked under Prevention of Cruelty to Animal Act, 1960. Your neighbour's act would be against Article 51 A (g) of Constitution whereby a duty is cast on her to have compassion for pets.

We would also like to mention that you can register a complaint with police against your neighbour for verbal abuse (using foul language) against you.

LawRato LawRato · Accepted Answer · 2024-07-17T18:36:09+05:30

In India, a complaint against a dog owner can be filed if the owner is found to be violating any of the guidelines set forth by the Animal Welfare Board of India for pet ownership or if they let their dog roam freely in public areas and creates nuisance. If the dog causes harm or nuisance to someone, the affected person can file a complaint with the police. The conduct of the animal must be patently dangerous, so much so that it poses a danger to human life around it. On account of this, legal action can be initiated against the owner under Section 133, Code of Criminal Procedure, 1973 in consequence to which the Executive Magistrate can pass an order against the animal owner or anyone in whose possession such animal is. If such a person violates these orders, proper prosecution or complaint can be taken up against the dog owner under Section 289, Indian Penal Code. However, it is important to note that simply owning a dog is not a criminal offence, and filing a false complaint against a dog owner can result in legal consequences for the complainant.