Section 289 IPC: Negligent conduct with respect to animal

Indian Penal Code, 1860

Section 289 IPC at a Glance

Section 289 IPC deals with negligent conduct with respect to animal. It is bailable and cognizable, triable by any Magistrate; from 1 July 2024 it is replaced by Section 291 BNS.

Punishment

Imprisonment of either description for a term which may extend to six months, or fine, or both.

Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Any Magistrate ⓘ

BNS Equivalent

Section 291 →

Section 289 IPC Bare Act Text

289. Negligent conduct with respect to animal
Whoever knowingly or negligently omits to take such order with any animal in his possession as is sufficient to guard against any probable danger to human life, or any probable danger of grievous hurt from such animal, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

Source: Section 289, Indian Penal Code, 1860

Section 289 IPC in Simple Words

Section 289 of the Indian Penal Code (IPC) punishes whoever knowingly or negligently omits to take such order with any animal in his possession as is sufficient to guard against any probable danger to human life, or any probable danger of grievous hurt from such animal.

The punishment under the IPC is imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

Under the First Schedule to the Code of Criminal Procedure, the offence is cognizable, bailable, and triable by any Magistrate.

Ingredients of Section 289 IPC

Any animal in the possession of the accused
Knowingly or negligently omitting to take such order with that animal as is sufficient to guard against any probable danger to human life, or any probable danger of grievous hurt from such animal

Punishment Under Section 289 IPC

Imprisonment

Imprisonment of either description for a term which may extend to six months, or fine, or both.

Fine

Fine which may extend to one thousand rupees, alone or with imprisonment.

Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Any Magistrate ⓘ

Negligent conduct with respect to an animal is punishable with imprisonment of either description for up to six months, or with fine of up to one thousand rupees, or with both.

Example of Section 289 IPC

In 2021, Govind owned a fierce horned bull at his dairy farm in Rajkot and knew the animal had recently charged at farmhands. Despite knowing its violent temper, Govind negligently left the bull untethered in an open courtyard bordering a busy village road. The bull wandered onto the road and lowered its horns to charge at schoolchildren walking home, creating a probable danger to human life and a probable danger of grievous hurt. Because Govind knowingly and negligently omitted to take sufficient order with an animal in his possession to guard against such danger, Govind is punishable under Section 289 IPC.

When Section 289 IPC Does Not Apply

Section 289 IPC does not apply when the animal is a stray or wild creature that is not in the possession of the accused.
Section 289 IPC does not apply if the keeper took reasonable care to secure the animal and there was no knowing or negligent failure to control it.
Section 289 IPC does not apply when the animal is harmless or incapable of causing any probable danger to human life or grievous hurt.

Section 289 IPC in the BNS

Section 289 IPC is now covered under Section 291 BNS.

Section 289 IPC corresponds to Section 291 BNS. The definition of the offence remains unchanged except that the word order has been replaced by measures. The maximum imprisonment of six months remains the same, while the maximum fine has increased from one thousand rupees under Section 289 IPC to five thousand rupees under Section 291 BNS.

View detailed comparison (IPC 289 vs BNS 291) →

FAQs on Section 289 IPC

What does Section 289 IPC punish?▼

Section 289 IPC punishes whoever knowingly or negligently omits to take such order with any animal in his possession as is sufficient to guard against any probable danger to human life, or any probable danger of grievous hurt from such animal.

What is the punishment under Section 289 IPC?▼

The punishment under Section 289 IPC is imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

What is the punishment under Section 291 BNS?▼

The punishment under Section 291 BNS is imprisonment of either description for a term which may extend to six months, or with fine which may extend to five thousand rupees, or with both.

Does Section 289 IPC require that the animal actually bit or injured someone?▼

No. The offence is complete upon the knowing or negligent omission to take sufficient safeguards against probable danger to human life or probable danger of grievous hurt, regardless of whether actual harm occurred.

What phrasing changed between Section 289 IPC and Section 291 BNS?▼

Section 291 BNS replaces the phrase take such order with take such measures, while raising the maximum fine from one thousand rupees to five thousand rupees.

Is Section 289 IPC bailable and cognizable?▼

Yes. Under the First Schedule to the Code of Criminal Procedure, an offence under Section 289 IPC is cognizable, bailable, and triable by any Magistrate.

Can an offence under Section 289 IPC be compounded?▼

No. Section 289 IPC is not compoundable under Section 320 of the Code of Criminal Procedure.

Have questions about Section 289 IPC?

Ask NyayGuru for a plain language explanation, punishment details, or how it applies to your situation.

Ask NyayGuru →

Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·