BNS Section 325 – Mischief by killing or maiming animal
The Indian Penal Code (IPC) Section – 428,429
Bharatiya Nyaya Sanhita (BNS) Section 325: Mischief by Killing or Maiming an Animal
This section deals with the intentional harm or killing of animals, which is considered a form of mischief. Below is a simple explanation of the law in easy-to-understand language:
What is the Offence?
The offence occurs when a person:
- Intentionally kills, poisons, maims, or renders an animal useless.
- The act is done to cause wrongful loss or damage to the animal’s owner.
Examples of the Offence:
- Killing someone’s livestock to harm their business.
- Poisoning a pet dog to cause emotional distress to the owner.
- Maiming a horse to make it unfit for work.
What is the Punishment?
The punishment for this offence is:
- Jail term of up to 5 years, or
- Fine, or
- Both.
Other Important Details
| Aspect | Details |
|---|---|
| Cognizable or Non-cognizable | Cognizable – Police can arrest without a warrant. |
| Bailable or Non-bailable | Bailable – The accused can seek bail. |
| Court for Trial | Magistrate of the First Class – The case is tried by a higher-level Magistrate. |
Key Points to Understand
- Types of Harm:
- Killing: Causing the death of the animal.
- Poisoning: Administering harmful substances to the animal.
- Maiming: Injuring the animal to disable it permanently.
- Rendering Useless: Making the animal unable to perform its usual functions.
- Animals Protected:
- The law applies to domestic animals (e.g., cows, dogs, cats) and working animals (e.g., horses, livestock).
- It protects animals that have value to their owners, whether for companionship, work, or economic purposes.
- Intent to Cause Harm:
- The offender must act with the intention to cause harm or loss to the animal’s owner.
Why is this Law Important?
This law is important because:
- It protects animals from cruelty and harm.
- It safeguards the interests of animal owners, especially those who rely on animals for their livelihood.
- It ensures that those who harm animals face strict punishment.
Example
Vijay kills all the chickens in Rakesh’s poultry farm to ruin his business. Vijay is guilty of mischief by killing animals and can be punished with up to 5 years in jail.
Summary
The Bharatiya Nyaya Sanhita (BNS) Section 325 makes it a crime to intentionally kill, poison, maim, or render an animal useless. The punishment includes up to 5 years in jail, a fine, or both. The law protects animals and their owners, ensuring that such harmful actions are punished.
