india traffic animals safety
Can the people who let their animals roam on the road be punished?
<p>The problem of stray animals roaming on the road in India is difficult to solve mainly due to religious and political reasons.</p>
<p>However, not all animals are claimed but animals such as goats are left to roam on the road during the day and kept inside the house/farm at night. It's a road safety issue as these animals often get hit by vehicles and the animal owners ask for the monetary compensation.</p>
<p>What are the laws to deal with the stray animals and can the animal owners be punished in the aforementioned condition?</p>

<p><strike>There's nothing that I can find that specifically refers to any offence for allowing one's goats to roam free, but</strike> there are at least two national, and probably more at state / municipal level, laws that deal with obstructing the highway - therefore potentially making the goat owner liable for any injury or damage shown to be caused by their (in)action:</p>
<ul>
<li><a href="https://www.indiacode.nic.in/show-data?actid=AC_CEN_30_42_00002_195648_1517807321068&amp;sectionId=14500&amp;sectionno=8B&amp;orderno=20" rel="nofollow noreferrer">Section 8B</a>, National Highways Act:</li>
</ul>
<blockquote>
<p>Punishment for mischief by injury to national highway.--</p>
<p>Whoever commits mischief by doing any act which renders or which he knows to be likely to render any national highway referred to in sub-section (1) of section 8A impassable or <strong>less safe for traveling</strong> or conveying property, shall be punished with imprisonment of either description for a term which may extend to five years, or with a fine, or with both.</p>
</blockquote>
<ul>
<li><a href="https://www.indiacode.nic.in/show-data?actid=AC_CEN_5_23_00037_186045_1523266765688&amp;orderno=317" rel="nofollow noreferrer">Section 283</a>, Indian Penal Code (IPC):</li>
</ul>
<blockquote>
<p>Whoever, by doing any act, or by omitting to take order with any property in his possession or under his charge, causes <strong>danger, obstruction or injury to any person in any public way</strong> or public line of navigation, shall be punished, with fine which may extend to two hundred rupees.</p>
</blockquote>
<p>There are also animal-welfare related laws to consider, such as:</p>
<ul>
<li><a href="https://www.indiacode.nic.in/show-data?actid=AC_CEN_5_23_00037_186045_1523266765688&amp;sectionId=46050&amp;sectionno=289&amp;orderno=323" rel="nofollow noreferrer">Section 289</a> IPC:</li>
</ul>
<blockquote>
<p>Negligent conduct with respect to animal.</p>
<p>Whoever knowingly or negligently omits to take such order with any animal in his possession as is sufficient to guard against any probable <strong>danger to human life, or any probable danger of grievous hurt from such animal</strong>, 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.</p>
</blockquote>
<ul>
<li><a href="https://www.indiacode.nic.in/show-data?actid=AC_CEN_16_18_00001_196059_1517807317734&amp;sectionId=4023&amp;sectionno=3&amp;orderno=3" rel="nofollow noreferrer">Section 3</a>  Prevention of Cruelty to Animals Act:</li>
</ul>
<blockquote>
<p>Duties of persons having charge of animals.</p>
<p>It shall be the duty of every person having the care or charge of any animal to take all reasonable measures to ensure the well-being of such animal and to prevent the infliction upon such animal of unnecessary pain or suffering.</p>
</blockquote>

<p><strong>United Kingdom</strong></p>
<p>In UK there are many areas where 'owned' grazing animals roam freely: the New Forest, moorland, mountain roads etc. If you hit one, it's not the fault of the person who owns it, although someone <em>with</em> the animal(s) must take proper control of them. Compare this with hitting a wild creature such as a deer - who are you going to sue?</p>
<p>Section 170 of the <a href="https://www.legislation.gov.uk/ukpga/1988/52/section/170" rel="noreferrer">Road Traffic Act 1988</a> requires that if the animal is a <strong>horse, cattle, ass, mule, sheep, pig, goat or dog</strong> the driver must stop and provide their identity, details of insurance, etc. to any involved party.</p>
<p>If you can't do that, you must report the accident at a police station.</p>
<p>For that list of animals, the requirements are the same as causing damage to a person, to another vehicle or to property.</p>
