Indian Criminal Law | Updated October 2026
IPC Section 47 - Meaning of Animal and BNS Section 2(2)
Section 47 of the Indian Penal Code, 1860 defined the word animal. The corresponding definition now appears in Section 2(2) of the Bharatiya Nyaya Sanhita, 2023 (BNS), which came into force on 1 July 2024.
What did IPC Section 47 say?
The word "animal" denotes any living creature, other than a human being.
This was a general definition for interpreting the IPC. It is not, by itself, a criminal offence or a provision prescribing punishment.
Current law: BNS Section 2(2)
"animal" means any living creature, other than a human being;
The definition continues the substance of former IPC Section 47. The drafting changes from "denotes" to "means", but both provisions distinguish animals from human beings. Read the official BNS text on India Code.
Meaning and scope of the definition
In ordinary application, the definition is broad and can include domestic animals, livestock, birds, fish and other living non-human creatures. Whether a particular statutory offence applies depends on its own wording and any specific requirements or exceptions. This general definition should not be mistaken for a universal rule that every offence involving animals applies to every species.
IPC Section 47 and BNS Section 2(2): comparison
| Point | IPC Section 47 | BNS Section 2(2) |
|---|---|---|
| Subject | Definition of animal | Definition of animal |
| Core meaning | Any living creature other than a human being | Any living creature other than a human being |
| Position | General definitions under the IPC | Definitions in Section 2 of the BNS |
| Application | Relevant to IPC-era offences and saved proceedings | Relevant under the BNS from 1 July 2024 |
Does IPC Section 47 still apply?
The IPC was repealed through Section 358 of the BNS with effect from 1 July 2024. The repeal is subject to savings for matters such as previous operation of the IPC, liabilities, penalties and related proceedings. The date of the alleged conduct and applicable transitional provisions therefore matter when deciding which law governs a case.
Related animal protection legislation
The Prevention of Cruelty to Animals Act, 1960 separately defines animal in Section 2(a) as any living creature other than a human being. Its offences, duties and protections must be assessed under that Act, rather than inferred solely from IPC Section 47 or BNS Section 2(2). Other wildlife and species-specific legislation may also be relevant depending on the facts.
Frequently asked questions
What is the meaning of animal under IPC Section 47?
It means any living creature other than a human being.
Which BNS section replaces IPC Section 47?
Section 2(2) of the Bharatiya Nyaya Sanhita, 2023 contains the corresponding definition.
Does Section 47 itself prescribe punishment?
No. It is an interpretative definition. Punishment, if applicable, arises from a separate offence provision.
Are humans included in the definition of animal?
No. Both provisions expressly exclude human beings.
Official legal sources
For the governing statutory text, consult the Bharatiya Nyaya Sanhita, 2023 (India Code PDF) and the India Code portal for the IPC and other central legislation. This article provides general legal information, not case-specific legal advice.