Indian criminal law | Updated 31 October 2026
IPC Section 428 and BNS Section 325: Mischief by Killing or Maiming Animals
Section 428 of the Indian Penal Code, 1860 addressed intentional mischief involving the killing, poisoning, maiming or disabling of animals worth at least ten rupees. The current corresponding provision is Section 325 of the Bharatiya Nyaya Sanhita, 2023 (BNS), which applies to any animal without a monetary threshold and carries a higher maximum punishment.
Section 428 IPC: Original statutory text
428. Mischief by killing or maiming animal of the value of ten rupees.
Whoever commits mischief by killing, poisoning, maiming or rendering useless any animal or animals of the value of ten rupees or upwards, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
The original webpage preserved the historic ten-rupee threshold and the punishment of up to two years. This is the older provision and should not be mistaken for the currently applicable BNS text.
Section 325 BNS: Current legal provision
325. Mischief by killing or maiming animal.
Whoever commits mischief by killing, poisoning, maiming or rendering useless any animal shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both.
The expression any animal removes the former value-based distinction. The five-year term is a maximum, not a mandatory sentence; the law expressly permits a fine alone or imprisonment together with a fine. Read the official BNS text on India Code.
Meaning of mischief, killing, poisoning and maiming
Mischief: Under Section 324(1) BNS (corresponding to IPC Section 425), a person commits mischief when, intending or knowing that wrongful loss or damage is likely to result to the public or any person, the person destroys property or changes property or its situation so as to destroy or diminish its value or utility or injuriously affect it. Its statutory explanations clarify that the affected property need not belong to the person who suffers the intended wrongful loss and may even be owned or jointly owned by the offender.
Killing refers to causing an animal's death; poisoning involves administering or exposing an animal to a poisonous substance in circumstances meeting the offence; maiming refers to serious injury or disablement; and rendering useless addresses conduct that destroys the animal's relevant utility. The prosecution must prove the statutory elements, not merely label an injury as mischief.
Essential ingredients of BNS Section 325
- There is an identifiable animal affected by the alleged act.
- The accused kills, poisons, maims or renders that animal useless.
- The act amounts to mischief as defined in Section 324(1), including the necessary intention or knowledge of likely wrongful loss or damage.
- The conduct and the accused's involvement are established by admissible evidence.
Accidental injury, an animal's natural death or mere suspicion does not automatically prove criminal mischief. Veterinary findings, circumstances, witnesses and other evidence may be material.
IPC Section 428 and BNS Section 325 compared
| Issue | IPC Section 428 | BNS Section 325 |
|---|---|---|
| Animals covered | Animal or animals valued at Rs. 10 or more | Any animal; no minimum value specified |
| Prohibited acts | Killing, poisoning, maiming or rendering useless by mischief | Same core acts |
| Maximum imprisonment | 2 years | 5 years |
| Fine | Fine alone or with imprisonment | Fine alone or with imprisonment |
| Related former provision | IPC 429 separately covered specified animals and higher-value animals | Consolidates former IPC 428 and 429 |
Illustrative situations
Deliberate poisoning
A person intentionally poisons a neighbour's animal to cause financial loss. If the evidence establishes mischief and the other statutory requirements, Section 325 BNS may apply.
Intentional disabling of livestock
A person deliberately injures livestock to make it unusable, knowing this will cause wrongful loss. This may fall within the provision even if the animal's market value is low.
Accidental injury
An animal is injured in an accident without the required criminal intention or knowledge. The incident does not automatically establish Section 325 BNS; other applicable laws and duties must be considered on their own terms.
Cognizability, bail and trial
Under the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), an offence under BNS Section 325 is cognizable and bailable and is triable by a Magistrate of the first class. The classification of any additional offences alleged in the same incident may differ. Consult the India Code portal for the BNSS and its First Schedule.
Evidence and related animal-protection laws
Relevant evidence may include a veterinary examination or post-mortem report, medical records, photographs, eyewitness accounts, CCTV recordings, laboratory toxicology findings and proof of the surrounding circumstances. The nature and availability of evidence depend on the case.
The Prevention of Cruelty to Animals Act, 1960 may also be relevant where the facts satisfy its independent requirements. Other laws, including state cattle-preservation laws or wildlife legislation, may apply in particular circumstances. BNS Section 325 is a property-related mischief offence; it does not replace every animal welfare or wildlife protection provision.
Frequently asked questions
What is IPC Section 428?
It punished mischief by killing, poisoning, maiming or rendering useless an animal or animals valued at ten rupees or more, with imprisonment up to two years, a fine, or both.
Which BNS section replaces IPC Section 428?
Section 325 of the Bharatiya Nyaya Sanhita, 2023, consolidates the subject matter of former IPC Sections 428 and 429.
What is the punishment under BNS Section 325?
Imprisonment of either description up to five years, or a fine, or both.
Is BNS Section 325 bailable and cognizable?
Under the First Schedule to the BNSS, the offence is cognizable and bailable and triable by a Magistrate of the first class.
Is an animal value of ten rupees still required?
No. Section 325 BNS covers any animal and does not reproduce the monetary threshold in IPC Section 428.
Does an accidental animal death automatically amount to mischief?
No. The prosecution must establish the elements of mischief, including the required intent or knowledge under BNS Section 324(1), together with the act described in Section 325.
Official legal references
- Bharatiya Nyaya Sanhita, 2023 - official India Code PDF
- India Code - IPC, BNSS and Prevention of Cruelty to Animals Act
- Ministry of Home Affairs - criminal law notifications
- Bureau of Police Research and Development - BNS explanatory publication
This article provides general legal information. Applicable law depends on the date of the incident, statutory savings, evidence and any jurisdiction-specific provisions.