Cats and dogs may be treated as a child or family member by their owners, but they are not humans, and offences related to `endangering life of a person can not be invoked when animals are victims, the Bombay High Court has said.
A division bench of Justices Revati Mohite Dere and Prithviraj Chavan slammed Mumbai Police for registering an FIR mindlessly against a Swiggy food delivery executive accused of hitting a dog while riding motorbike. Quashing the FIR, it also ordered the government to pay him costs.
Section 279 deals with rash driving, while 337 deals with `causing hurt by act endangering life or personal safety of others. Thus, legally speaking the said sections will have no application to the facts in hand, this essential ingredient necessary to constitute the offences, being amiss. The said sections do not recognize and make an offence any injury caused otherwise than to human being, the court added.
An FIR had been registered against Manas Godbole, the petitioner, after his motorbike allegedly hit a stray dog in Marine Drive area during lockdown in 2020. The petitioner, who was delivering a food order, himself was injured as the motorbike skidded.