- This topic has 10 replies, 8 voices, and was last updated 1 year, 2 months ago by
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M
Hey everyone,
I’m following up on my last post about the dog that was given to me almost 2 years ago and is now being forcefully taken back by the original owner and his family. Things have escalated a lot in the last 24 hours. I didn’t get much help earlier, but I’m desperate now — I’m genuinely worried for my safety and would really appreciate some legal guidance.
Link for last post: https://www.reddit.com/r/LegalAdviceIndia/s/TSj4SAwL61
Here’s everything that happened:
• My friend’s father was picked up from the road and driven 6 hours to where I stay.
• My friend who didn’t know that his dad was coming, was randomly picked off the road, shoved into the car and was pressured into giving out my home address — the dog has been living with me.
• My friend called me, asking me to come downstairs with the dog. I found it suspicious and went down alone.
• There were 5–7 men gathered outside my society gate demanding I return the dog.
• One of them entered my building premises and started speaking with the security guard. I had to shout at him to back off.
• A neighbor mentioned that these men had been loitering around since 8 PM. I went downstairs at 11 PM. We have CCTV footage.
• My LinkedIn has also been getting stalked by the same people.
• I refused to hand over the dog and took photos of the men and their vehicle number plate.
• In an attempt to scare me, they called the police.
• A police officer arrived and said he was just responding to a call. After listening to both sides and seeing how out of line things were, he said it wasn’t under his jurisdiction — but instead of just leaving, he put all the men, including my friend, into the police van and drove them to a nearby station.Now this is where things got even more concerning:
• I went to the station later, out of concern for my friend. He was bawling his eyes out and begging me to give the dog for the problems he was facing.
• At the station, it was very clear the officers and these men were friendly — or the officer was very biased.
• The officer told me point-blank to “hand over the dog quietly.” I firmly said no. He also mentioned how there are so many ‘men’ asking for the dog and I should give him back.
• We explained everything — that I’ve had the dog for 1 year, have paid for his care, medical bills, etc. And they werent fit care takers.
• The officer didn’t care. To him, the dog was just an object with a receipt.
• I told him I’ve been receiving harassment calls, these men showed up at my house uninvited at midnight, and have been stalking me.
• He completely ignored all of it. To him, my security was not the issue.
• When I asked to file an FIR for harassment, he gave me a blank A4 sheet and asked me to write a “request” — no proper form, no formal complaint registered. He asked me to write myself! Isnt fir something that they write!
• My friend who was with me asked the officer to write it down that they’re ordering me to return the dog, if they are that desperate and have nothing else to say. The officers got furious, said this is not what they would do, refused, and asked us to leave immediately.
• They weren’t letting us leave until that moment — we were practically being detained until we handed over the dog.
• Also, they asked me call the lawyer and sort the matter there and there lawyer despite it being 12:30 AM.I’m meeting a lawyer tomorrow and will be filing a harassment complaint if this continues. I’m genuinely shaken up. These people know where I live, they’ve been monitoring me, and the police seem complicit.
Please — if anyone knows what legal protection I can take, the police is biased, how to ensure my security, and how to legally retain custody of the dog, help me.
Thanks in advance.
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BNAL-
**1.**
**Things you must understand-**
**a) You are the current lawful custodian** – Even if not the legal “owner” on paper, **animal welfare laws** and **precedents** protect caretakers who have provided continuous care, especially when the original owner abandoned the animal.
**b) Pets are not “property” like furniture** – Courts in India increasingly recognize the **wellbeing and emotional bond of animals**, not just legal ownership.
**c) What they are doing is criminal** – The physical intimidation, stalking, midnight arrival, pressuring your friend, and police overreach fall under **criminal intimidation, unlawful assembly, stalking**, and **outraging modesty**.
**d) The police **must** register your FIR** – They cannot force you to handwrite your complaint on blank paper and ignore threats to your life and safety. They are **abusing power**.**2. Your Legal Position to Retain Custody of the Dog-**
**a) One year of continuous, unchallenged care + vet bills + shelter establishes custodianship.** Courts consider the **welfare of the animal** over arbitrary past claims.
**b) The first person (A) has no vet record, no registration, no adoption paper, and no evidence of care.**
**c) You’ve already initiated registration in your name , that strengthens your position.
**d) Dogs are considered **sentient beings** under Indian law (see AWBI vs A Nagaraja, 2014 judgment), the court will protect **their welfare**, not just paper ownership.**3. Your Next Steps to Protect Yourself and the Dog-**
**a) Immediately File a Police Complaint** – At a **different station** if needed, or through the **SP or CP office**, against-
A and his family for **criminal intimidation** (IPC 503)
**Stalking and harassment** (IPC 354D)
**Trespassing** (IPC 447)
**Outrage of modesty** (if applicable, for threats or behavior at your home)
Attach the photos, CCTV footage, call logs, and describe the midnight harassment clearly.**b) Escalate in Writing if Local Police is Corrupt**- Send written complaints via **Registered Post A/D** or online to:
District Superintendent of Police
Commissioner of Police
Women’s Helpline (1091)
Animal Welfare Board of India (AWBI)**c) File a Private Complaint to the Magistrate** – If the police refuse to register your FIR, go to the local **Judicial Magistrate under Section 156(3) CrPC** and request the court to **order the police to investigate**.
**d) Approach SPCA / AWBI for Dog Custody Statement** – Contact the **State Animal Welfare Board** or SPCA (Society for Prevention of Cruelty to Animals) and explain the situation. Many of them issue support letters backing current caregivers in such cases.
**e) Consider an Injunction** – Through your lawyer, file for a **civil injunction** preventing A or his associates from interfering with your possession or harassing you. Ask for a **restraining order** if the threat continues.
**4. Safety and Practical Measures You Must Take-**
**a) Install more cameras** – Inside the gate, near your door, and facing the road. Backup the CCTV from the day they harassed you.
**b) Block all their numbers. Record new calls if received.
**c) Keep all proof in a shared cloud folder with your lawyer or a trusted person.
**d) Inform your building association or RWA — have them issue a warning or ban entry to these people.
**e) Do not let anyone force you to “negotiate” without a court order.** Even the police **cannot confiscate your dog** unless ordered by a **magistrate**.**I recommend to**
1. File a detailed police complaint immediately at a different station if needed, and send copies to SP and DCP.
2. Through a lawyer, file a **civil injunction + harassment complaint + restraining order**.
3. Write to the **Animal Welfare Board of India** and SPCA for legal support on custody.
4. Secure your house — install CCTV, inform building society, share evidence backups with your lawyer.
5. If any police officer forces or threatens you again, **record and escalate** to their higher authority immediately.
6. Do **not give up the dog without a proper court order** , you have legal and moral standing.You’re doing the **right thing**. Don’t let intimidation push you into surrendering an innocent animal who’s finally found peace. This is not about ego. It’s about **protection and care**. Stay strong.
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MThank you so much for your detailed response. However, my heart truly sank reading it. Just an hour ago, the police pressured us into reaching a “settlement,” where we agreed to hand over the dog for 15 days, after which he would be returned. The understanding was that going forward, any visits would happen only by mutual consent.
Here’s what unfolded:
* We were first taken to a police station where a clearly biased officer insisted we give up the dog. When we refused, he called in a female officer who escorted us to the PSI’s office.
* There, I gave my statement and repeatedly requested to file a harassment complaint, but it was completely dismissed.
* Shortly after, the same men entered the office, and one of them directly threatened my friend, saying, “You won’t see another day.” When we reported this verbal threat, the officer pretended not to hear and instead kept urging us to “settle” the matter.
* I tried raising concerns about trespassing and intimidation, but after the officer spoke to the men, she stopped listening. Eventually, we reluctantly agreed to the temporary settlement and signed a document under pressure.
* What hurt the most was seeing those same men later sitting comfortably in the officer’s cabin, joking around, chatting casually for over 30 minutes. She even shared her personal number with them and talked about visiting their place for a meal. She subtly stated that if I engaged with the men further, I’d be seen as someone who puts in”false” harassment complaints.I returned home devastated without my dog, and with a heavy heart. I did everything I could, followed the process, and spoke my truth. But I was made to feel powerless in front of people who knew how to manipulate the system and charm their way through legal procedures. I’m heartbroken and disillusioned. I’m sorry I didn’t know the exact charges to press in the moment, they even threatended to take my dog into custody. It was tiring and I haven’t slept a day. I still want to raise a complaint against all officers present. Especially the female officers. I don’t know if he will be handed over after 15 days or not. I don’t expect him to come back. They all said I was getting too emotional and overreacting. She said it! I’m angry, tired, frustrated and heartbroken. I don’t know if I will see him again. I don’t know how they all won again even after doing it all wrong, even after I had all evidence.
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