Person makes complaint for dogs barking. Will police take them away?

69 votes

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

556 votes

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.

Advocate Sudershani Ray LawRato

497 votes

The reports are prepared under Section 50(4) (Wildlife Protection) Act 1972. Reports can be filed by animal welfare organizations or individuals in India against abuse of animals. If you want to make a "complaint", then you need to go to a magistrate. A complaint can be made verbally or in written form.

Advocate Chikirsha Mohanty LawRato