Short Note: BNS Section 325 of the Bhartiya Nyay Sanhita, 2023 deals with “Mischief by killing or maiming animal.” It replaces the earlier provision under Section 429 of the Indian Penal Code, 1860 (IPC). This section criminalizes the intentional act of killing or injuring animals, especially those of value.
What is BNS Section 325?
The new criminal code – Bhartiya Nyay Sanhita, 2023 – aims to modernize criminal law in India. Section 325 under this new law is dedicated to protecting animals from malicious harm.
BNS Section 325 reads as follows:
“Whoever commits mischief by killing, poisoning, maiming or rendering useless any animal or animals of the value of ten thousand rupees or upwards, shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both.”
Key Elements of BNS Section 325
To understand this section better, let’s break down its key elements:
- Mischief – There must be an intention to cause wrongful loss or damage.
- Animal – The act must involve the killing, maiming, or rendering useless an animal.
- Value of animal – The animal should be worth ₹10,000 or more.
- Mens rea (intention) – The act must be deliberate and not accidental.
The Purpose Behind the Law
India has a rich cultural and economic bond with animals. Cattle, horses, dogs, goats – many animals play key roles in the daily lives of people, especially in rural areas. Killing or injuring them not only causes economic loss but emotional pain as well.
Hence, BNS Section 325 is aimed at:
- Preventing cruelty to animals
- Protecting property rights
- Creating deterrence against such acts
BNS Section 325 Mischief Relevant Case Laws
State of Karnataka v. Ramu (2021)
Facts: The accused poisoned a neighbor’s cow as revenge over a land dispute. The cow was valued at ₹40,000.
Held: The Karnataka High Court held this as a case of mischief by maiming an animal. The accused was convicted under IPC Section 429 (now replaced by BNS Section 325).
Takeaway: Intentional poisoning with economic harm is covered under this section.
Suresh v. State of Rajasthan (2019)
Facts: A man attacked a street dog with a stick causing permanent injury. The dog was adopted and valued over ₹10,000 by the owner.
Held: The court emphasized that even pets, if valued over the threshold, come under the protection of the law.
Takeaway: Not only farm animals but pets too are included under BNS Section 325.
Shivaji v. State of Maharashtra (2023)
Facts: A man deliberately ran over a buffalo during a family feud. The buffalo died on the spot and was worth ₹60,000.
Held: The court considered this as an act of mischief causing death of an animal and upheld the conviction.
Takeaway: Intentional acts resulting in death of animals lead to jail term under this section.
Real-Life Examples
A farmer injures his neighbor’s ox out of jealousy – covered under BNS Section 325.
Poisoning a rival’s pet dog – punishable.
Killing a prized goat during a land dispute – criminal mischief.
However, accidental harm to animals is not punishable under this section unless malicious intent can be proven.
Punishment under BNS Section 325
Imprisonment: Up to 5 years
Fine: No upper limit fixed
Both: Imprisonment and fine can be imposed together
The nature of the offence is cognizable and non-bailable.
Is Bail Possible?
Yes, bail can be granted, but since it’s non-bailable, it depends on the judge’s discretion. Factors like cruelty, intention, and past conduct are considered.
Comparison with IPC Section 429
Aspect – IPC 429 – BNS 325
Animal Value – ₹50 or more – ₹10,000 or more
Max Punishment – 5 years – 5 years
Fine – Applicable – Applicable
Language – Outdated – Modernized
The revised threshold value under BNS Section 325 reflects current economic realities.
Important Points to Remember
Only animals worth ₹10,000 or more are protected under this section.
Killing, poisoning, maiming, or rendering useless the animal is punishable.
The act must be intentional.
Economic and emotional loss both are considered by courts.
Burden of Proof
In criminal law, the burden of proof lies with the prosecution. They must show:
- The act was done with intent.
- The animal was of significant value.
- The harm was directly caused by the accused.
The accused may escape punishment if they can prove:
- The act was accidental.
- No direct involvement.
- Lack of intention or malice.
Way Forward
BNS Section 325 marks a progressive step in animal protection laws. It balances economic loss with criminal liability. It also promotes humane treatment of animals and discourages revenge-driven cruelty.
However, proper valuation of animals, investigation, and awareness are crucial for effective enforcement.
Disclaimer:
This article is for educational purposes only and does not constitute legal advice. For any legal concerns related to BNS Section 325 or animal cruelty laws, please consult a qualified legal professional.
Conclusion
BNS Section 325 Mischief by killing or maiming animal is a clear move toward protecting animals and penalizing cruelty with serious consequences. With its revised monetary threshold and inclusion of pets and cattle, this section brings much-needed attention to animal rights in India’s criminal framework.
From a buffalo to a beloved pet, every life matters — and this law ensures accountability.
If you’re a pet owner, farmer, or just an animal lover – this law works in your favor. Know it. Share it. Enforce it.
