Laws for murderers cannot be applied to animal killers: Karnataka HC

BENGALURU: Turning down arguments that criminal laws applicable to punish murderers should be applied to prosecute animal killers, the Karnataka HC quashed the criminal proceedings against a man who was booked under various provisions of IPC and Motor Vehicles Act, as a dog was killed when it came under the car he was driving.

“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 a nanimal,” said Justice Suraj Govindaraj, allowing the petition filed by G Prathap Kumar against the case registered by the Vijayanagar traffic police.

Complainant Dhiraj Rakheja’s counsel argued that even animals have rights.Justice Govindaraj observed that it is the general principles of criminal law which would be applicable for any offence under IPC and for an offence under Section 428 or 429 of IPC to be committed, there must be criminal intent. Without such intent or when animus to commit an offence is absent, it cannot be said that an offence under Section 428 or Section 429 of IPC has occurred, he said.