‘Dog, cats not humans’: High Court observed after Swiggy delivery person mows dog
The provisions of the Indian Penal Code (IPC) penalising rash driving and endangering the life would not apply in a case where an animal is the victim, the Bombay High Court recently held while quashing a case against a Swiggy delivery person who had accidentally mowed down a stray dog while delivering a food parcel.
A division bench of Justices Revati Mohite Dere and Justice Prithviraj Chavan said that though animal lovers consider their pets as their child but they are not human beings.
“While Section 279 speaks about whoever drives any vehicle so as to endanger human life, Section 337 speaks about endangering human life. No doubt, a dog/cat is treated as a child or as a family member by their owners, but basic biology tells us that they are not human beings. Sections 279 and 337 pertains to acts endangering human life, or likely to cause hurt or injury to any other person,” the bench held in the order pronounced on 20 December.
Thus, the said provisions will have no application to the facts of this case since the essential ingredient necessary to constitute the offences were missing, the Court opined.
“The said sections do not recognize and make an offence any injury caused otherwise than to human being. Thus, insofar as the injury/death caused to the pet / animal is concerned, the same would not constitute offences under Sections 279 & 337 of the Indian Penal Code,” the bench ruled.
Therefore, no offences as alleged in the FIR are made out against the petitioner and the same cannot sustain in law, the judges opined.
It pulled up the Police for registering the FIR ‘without applying its mind.’