Section 325 BNS 2023: Mischief by killing or maiming animal

Section 325 of the Bharatiya Nyaya Sanhita (BNS), 2023, which has replaced Sections 428 and 429 of the Indian Penal Code (IPC), addresses the offence of mischief involving the killing or maiming of an animal. Earlier in the IPC, punishment was different for two types of animals. Punishment for mischief by killing or maiming an animal of the value of ten rupees under Section 428 IPC used to be imprisonment, which could extend up to 2 years, or fine, or both. Similarly, Section 429 IPC used to deal with mischief by killing or maiming cattle, etc., of any value or any animal of the value of fifty rupees was punishable with imprisonment, which could extend up to 5 years, or a fine, or both. Now, under Section 325 BNS 2023, both of these offences are unified, making it one offence of mischief involving the killing or maiming of an animal without discriminating between animals on the basis of their price. Section 325 of BNS penalizes the offender with imprisonment that could extend up to 5 years, or a fine, or both, irrespective of the price of the animal. Explore other important Judiciary Notes.

Section 325 BNS: 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.

Note: “The information provided under Section 325 BNS has been sourced from the official website, i.e., Indian Code. While the content has been presented here for reference, no modifications have been made to the original laws and orders.”

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Section 325 of the Bharatiya Nyaya Sanhita (BNS) 2023 makes it a criminal offence to deliberately or knowingly kill or permanently injure i.e. maim any animal. Section 325 BNS is intended to protect animals from intentional harm that affects their utility, whether they are privately owned by someone or are a part of public property. A person convicted under Section 325 of BNS may be punished with imprisonment, which could extend up to five years, a fine, or both. Such offences are triable by a Magistrate of the First Class.

Section 325 BNS Essential Elements 

For an offence to be punishable under Section 325 BNS 2023 certain important elements must be present. Mentioned hereinafter are some of the important elements:

• Act of Killing, Poisoning, Maiming, or Rendering Useless: 

This element specifies the prohibited actions. The first act is killing the animal, which means causing the death of the animal. The next element is poisoning the animal, which consists of administering any substance that causes the animal's death or harm. The other act covered under Section 325 BNS is maiming, which means inflicting a permanent injury that impairs the animal's ability to function normally. The last element is rendering the animal useless, which means causing an injury or condition that makes the animal incapable of performing its ordinary functions or the purpose for which it was kept (e.g., a working animal unable to work, a pet severely disabled).

• With Respect to Any Animal: 

Unlike the previous Sections 428 and 429 of Indian Penal Code, which had value-based distinctions for certain animals, Section 325 BNS applies to all living creatures other than human beings. This includes domestic animals, wild animals, and any other type of animal.
 

• Committing Mischief: 

The act of killing or maiming under Section 325 BNS must be done in a manner that legally constitutes "mischief." Under the broader definition of mischief in Section 324 BNS, this implies:

• Intention or Knowledge: The accused must have acted with the intention of causing, or with the knowledge that their actions were likely to cause, wrongful loss or damage to the owner of the animal (if any) or to the public under Section 325 of the BNS. 
• Wrongful Loss or Damage: The killing or maiming must result in wrongful loss or damage. This typically refers to the loss of the animal itself or a reduction in its value or utility to its owner.

Section 325 BNS has the same elements which used to comprise offences under Section 428 and Section 429 of IPC, except that it joins both sections, removing the value-based distinction of animals and providing for only a single type of punishment for the offence of mischief by killing or maiming of any type of animal.

Section 325 BNS Judicial Interpretation

Judicial interpretation of Section 325 BNS by Indian courts has been an outlining factor in determining the ambit of section 325 of BNS, mentioned hereinafter are some of the landmark judgments :

• Prathap Kumar G vs State Of Karnataka 2022

The Karnataka High Court, in this case, discussed Section 429 of the Indian Penal Code 1860, now Section 325 of the Bharatiya Nyaya Sanhita in the context of a charge sheet related to a motor vehicle accident involving an animal. The court referred to several judgments from other High Courts, reiterating that the essential ingredient for an offence under Section 429 IPC now, Section 325 BNS, is the presence of mens rea, which is the intention or knowledge of the likelihood to cause wrongful loss or damage by killing, poisoning, maiming, or rendering useless an animal. The court highlights that accidental harm to an animal, without this requisite intention or knowledge, would not constitute an offence under this section.

• Pawan Kumar Sharma vs. State of U.P. 1995

The Allahabad High Court, in this case, partially allowed a revision petition by setting aside the conviction and sentence under Section 429 of the IPC now, Section 325 BNS. The Court held that to establish an offence under Section 429 IPC (mischief by killing or maiming an animal), now Section 325 BNS, the prosecution is required to prove that the accused had the intention or knowledge that his actions were likely to cause wrongful loss or damage to the animal. In the present case, where a truck driven by the accused applicant accidentally collided with a bullock cart, leading to the death of a buffalo, the Court observed that the absence of mens rea and the lack of intention to cause such loss, constituted a manifest error of law in the findings of the lower courts. As a result, the conviction under Section 429 IPC, now Section 325 of the BNS, was set aside.

Conclusion

Section 325 of Bharatiya Nyaya Sanhita (BNS) penalizes the intentional act of causing the death or permanent injury (maiming) to any animal, thereby committing mischief by causing wrongful loss or damage to its owner or the public. The most important element for this offence is the presence of mens rea, specifically the deliberate intention or knowledge that such an act is likely to cause harm and loss. Section 325 BNS underlines the need to protect animals from cruelty.