Dog bite: owner liability and compensation in India

If a pet dog bites you, the owner can face a criminal case under section 291 of the Bharatiya Nyaya Sanhita, 2023 (up to six months, or a fine up to ₹5,000, or both, for negligence with an animal in their possession) and a civil claim for damages. If a stray dog bites you, the local body is responsible under the Animal Birth Control Rules, 2023. There is no single national compensation scale: the Punjab and Haryana High Court has a formula for its territory, Karnataka announced a scheme in November 2025, and elsewhere you claim in writing, use RTI, approach the DLSA or file a writ.

Step one is medical, and the records start on day one

Rabies is almost always fatal once symptoms appear, but it is almost fully preventable with timely treatment. Wash the wound with soap and plenty of running water for about 15 minutes, apply an antiseptic if available, and go to a hospital the same day. Do not put chilli, turmeric, oil or lime on the wound, and do not bandage it tightly. Doctors usually classify exposure into three categories. Category III, where the skin is broken and bleeds, needs the anti-rabies vaccine and immunoglobulin as the doctor decides. Complete every dose on the dates given. Stopping early is the most common and most dangerous mistake. Follow your own doctor’s advice.

The Supreme Court, in its judgment of 19 May 2026, directed that government medical facilities keep adequate anti-rabies vaccine and immunoglobulin. If a government hospital says stock has run out, ask for the refusal in writing or note the officer’s name, and inform the district health office. That helps a later complaint.

Now the legal records. Keep these from the first day:

• the casualty card or OPD slip showing date, time and type of bite;
• the vaccination card with each dose date;
• bills for medicines, tests and travel;
• dated photographs of the wound and healing;
• the exact location, and whether the dog was a pet, a community dog or a stray;
• names and numbers of witnesses.

When the dog is someone’s pet

Ask the owner for the dog’s vaccination record right away, photograph the dog and note the owner’s name and house number. The record does not replace your treatment, which the doctor decides.

Criminal liability. Section 291 of the BNS punishes a person who knowingly or negligently omits to take sufficient precautions with an animal in their possession to guard against probable danger to human life or probable danger of grievous hurt. The punishment is imprisonment up to six months, or a fine up to ₹5,000, or both. The key idea is negligence: an unleashed dog with a known history of attacks in a park, or a gate left open. Where actual hurt is caused, the police may also consider other hurt provisions of the BNS depending on the facts.

Civil liability. The owner can be sued for damages in negligence. A court looks at whether the owner knew or should have known of the dog’s tendency and whether reasonable precautions were taken: leash, muzzle where needed, secure gate, warning sign. Damages can include medical costs, lost earnings and compensation for pain and suffering.

Municipal action. Where the city requires a licence, an unlicensed or unvaccinated dog exposes the owner to local action. Rules differ by city.

Which route to choose

Most pet bite cases settle best with a written demand for medical costs and an undertaking to leash or muzzle the dog. A police complaint is right when the owner is defiant, the dog has bitten before or the injury is serious. If the police refuse to register the FIR, send the substance in writing to the Superintendent of Police under BNSS section 173(4), and then approach the Magistrate under section 175(3) with an affidavit.

When the dog is a stray or community dog

A stray has no owner to sue. The responsibility lies with the local body, which under the Animal Birth Control Rules, 2023 runs the sterilisation and vaccination programme and deals with rabid or aggressive dogs. The Supreme Court’s judgment of 19 May 2026 reinforced this: it directed every district to have at least one functional ABC centre, ordered adequate anti-rabies medicine, allowed euthanasia of rabid, incurably ill or demonstrably dangerous dogs after expert assessment, and held that Article 21 includes the right to move and use public places. It also said that non-compliance can expose States and erring officials to contempt, disciplinary action and tortious liability. Your routes are:

1. Written complaint to the local body, with a reference number, asking it to act under the ABC Rules, especially if the dog is aggressive or has bitten others.
2. Compensation claim under any state scheme or High Court framework that applies where you live.
3. Writ petition in the High Court under Article 226 through a lawyer where the local body’s failure is clear. All High Courts are now monitoring compliance with the Supreme Court’s directions.
4. Civil suit for damages against the local body, which is slower and needs proof of default.

Never hit, poison or kill the dog. That is itself an offence under BNS section 325 and PCA section 11.

Compensation: what exists, and where

Punjab and Haryana High Court. In Rajwinder Kaur v. State of Haryana (reported in November 2023), the High Court laid down a framework: a minimum of ₹10,000 per tooth mark and a minimum of ₹20,000 per 0.2 cm of wound where flesh has been pulled off. It covers stray animals, including dogs, and the State pays with liberty to recover from the owner or the agency at fault. Claims go to a district committee chaired by the Deputy Commissioner. This applies only in Punjab, Haryana and Chandigarh. Elsewhere it is persuasive, not binding.

Karnataka. In November 2025 the state government announced ₹5 lakh to the family of a person who dies from a stray dog attack and ₹5,000 for specified injuries. Check the current government order and claim process with the local body before you apply.

Supreme Court. The 19 May 2026 judgment, as reported, did not fix a national amount. The High Courts are due to send a consolidated compliance report to the Supreme Court by 17 November 2026, as reported. Do not tell anyone a national scale exists.

Everywhere else. Write a documented claim to the Municipal Commissioner, with copies to the District Magistrate and the municipal veterinary officer. Set out facts, the local body’s duty, earlier complaints, your losses and the sum claimed. Follow up after 30 days. File an RTI asking what complaints the local body received about dogs in that area and what it did. Approach the DLSA for free legal aid or pre-litigation settlement. Then consider a writ or suit.

Real-life example

Meenu’s six-year-old son is bitten in a Chandigarh park by a neighbour’s Labrador that was off the leash. The owner apologises but refuses to pay. Meenu sends a written demand for ₹14,000 covering the vaccine, immunoglobulin and two days’ lost work, with bills attached, and asks that the dog be leashed. When it is ignored she files a police complaint under BNS section 291 and a civil claim. The owner settles within a month.

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Frequently asked questions

Can I claim compensation if a stray dog bites me?

Possibly. It depends on your state. Punjab, Haryana and Chandigarh follow the High Court formula; Karnataka has announced a scheme. Elsewhere, claim in writing from the local body, use RTI, approach the DLSA and consider a writ.

Is the owner criminally liable if a pet dog bites?

Possibly, under BNS section 291, if the owner was negligent in controlling the dog. The punishment is up to six months, or fine up to ₹5,000, or both. A civil claim for damages is also available.

How much is the compensation per tooth mark?

In Punjab, Haryana and Chandigarh, the High Court framework gives a minimum of ₹10,000 per tooth mark and ₹20,000 per 0.2 cm of flesh wound. It is not a national rule.

Has the Supreme Court fixed dog bite compensation?

Not as on 7 November 2026. The 19 May 2026 judgment did not fix a national scale. Compliance reports from the High Courts are due to reach the Supreme Court by 17 November 2026, so check for later orders.

Is anti-rabies vaccine free?

Generally yes, in government hospitals and many health centres. The Supreme Court has directed adequate stocks in all government medical facilities. Ask for any refusal in writing.

How long do I have to claim?

Limitation applies to civil claims, so do not delay. Write the claim as soon as treatment is under way, and consult a lawyer or the DLSA on the period for your case.

Quick quiz

Sources

• Bharatiya Nyaya Sanhita, 2023, sections 291 and 325
• Bharatiya Nagarik Suraksha Sanhita, 2023, sections 173(4) and 175(3)
• Animal Birth Control Rules, 2023
• Rajwinder Kaur v. State of Haryana, Punjab and Haryana High Court (reported November 2023)
• Karnataka government announcement of November 2025 on dog bite relief (check the current order)
• In Re: “City Hounded by Strays, Kids Pay Price”, Supreme Court orders of 7 November 2025 and judgment of 19 May 2026

This page is for education and general information, not legal advice for a specific case. Law as on 7 November 2026.