Mumbai Court Gives 3 Months’ Jail Term to Owner of Rottweiler Who Bit 72-Year-Old Man

The Mumbai Metropolitan Magistrate has recently awarded three months of imprisonment to the owner of two dogs who had bitten a 72-year-old man.

The case pertains to an incident that took place in 2010 wherein the accused and his wife with their two dogs went to meet a man whose son informed the couple that he will not be able to meet them since they were going out for a programme.

When the man came down, the accused opened the door of his car after which his Labrador and Rottweiler bit the informant on his right leg twice and on the right hand. Subsequently, an FIR was registered and the owner was booked under the Indian Penal Code.

The prosecution argued that the dog was trying to come out of the car and in spite of the request not to open the door of the car, the accused did so and the dogs directly attacked the man. The prosecution also relied on the medical certificate issued by the hospital.

The court rejected the argument of the defence that the dog did not belong to the accused after a veterinary doctor deposed before the court said the accused had brought the dog to his clinic for treatment.

The court said the accused was aware of the aggression of the dog. “The dog which was sitting in the car was Rottweiler and is known for their aggressiveness. The Rottweiler dog is also famous for powerful and having forceful bite… The accused is the owner of the said dog. Therefore, he was certainly having knowledge about the aggression of the said dog,” the court order said.

The court said when such aggressive dogs are taken to a public place, it is the duty of the owner to take reasonable care for the safety of others.

The court further said the accused had not taken reasonable care to guard against public danger and human life and convicted the owner under section 337 (Causing hurt by act endangering life or personal safety of others) and Section 289 (Negligent conduct with respect to animal) of the Indian Penal Code.

The court while awarding a simple imprisonment of three months and a fine of Rs 1,000.

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