Bengaluru: The Karnataka High Court quashed the criminal proceedings against a man who was booked under various provisions of the IPC and the Motor Vehicles Act as a dog was killed when it came under the car he was driving, rejecting arguments that criminal laws applicable to punish murderers should be applied to prosecute animal killers.
Justice Suraj Govindaraj, allowing the petition filed by G Prathap Kumar against the case registered by the Vijayanagar traffic police said, “So long as Section 279 of IPC (rash or negligent driving likely to cause injury to human life) stands as it is, the same cannot be extended to any injury or death caused to an animal. If the submission of counsel of the complainant is accepted and the word person is interpreted to include an animal, then in the event of a death of a pet or animal, the offence under Section 302 of IPC would also be attracted which would not be the purport and intent of the IPC.”
“Section 187 of the Motor Vehicles Act would not get attracted in the event of an accident involving an animal,” he added.
The counsel for complainant Dhiraj Rakheja claimed that even animals have rights.
According to Justice Govindaraj, there must be criminal intent for an offence under Sections 428 or 429 of the IPC to be committed, and general principles of criminal law applicable to all IPC offences. It cannot be said that an offence under Sections 428 or 429 of the IPC has taken place in the absence of such intent or where there is no animus to commit an offence, he added.
